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Slip And Fall

Been the victim of Legal Malpractice? Discuss it here.

Slip And Fall

Postby Hrycg » Fri Nov 18, 2016 12:44 am

nebraska, Sir I was at walmart about a year ago and slipped an fell on a transparent plastic portion cup that walmart was handing out samples of food in. I gave the portion cup to a near by employee and reported it to the service desk immeadiatly, it turns out that I needed back surgery and am still unable to work over a year later.  My fiance'was a witness. I have lost my job due to the extended time away, I also am in danger of losing my house due to finances. I have obtained a copy of the accident report from walmart but yet they deney my claim.... I asked a local attourney for help but he was not interested in the case, saying I could not prove how long the portion cup was on the floor. What should I do ? I need help
Hrycg
 
Posts: 36
Joined: Tue Jan 21, 2014 5:03 am

Slip And Fall

Postby Renfield » Mon Nov 21, 2016 3:24 am

Hi,

Thank you for the opportunity to answer your question.  

Wal-Mart is a very difficult defendant to deal with.  They vigorously fight every claim and it will be difficult to find a lawyer who is willing to take a case against Wal-Mart unless the liability against them is very good.  While you have a serious injury, unless a lawyer is able to show that Wal-Mart caused a sloppy condition as I indicate below, you may have a difficult time finding a lawyer to take the case. If you had slipped in an aisle where a product was spilled, and the question would be how long the product had remained on the floor.  In most slip and fall cases, the store has an obligation to occasionally check their floors to insure that they remain clean.  

Your accident occurred under different circumstances.  In addition to looking at how long the cup was on the floor, I would also look at whether the area where the samples were being given out was kept clean or was sloppy.  In addition to an obligation to occasionally check their floors, they also have an obligation to keep the floors clean in an area where they are handing out samples.  Here, they may be responsible for actively causing the mess.  The biggest question, is whether the area was messy, not how long it was messy and whether that can be proven.

You should look for another lawyer.  You can call my office at 1-800-HURT-911 and we may be able to find a lawyer near you.  If you want to look for a lawyer on your own, my malpractice insurance carrier says I should refer you to your local Bar Association for a personal injury attorney, however, if I were looking for an attorney for your type of case, I would make sure that I retained an attorney who limits his/her practice to personal injury.  I would look for a personal injury attorney at www.atla.org and call an attorney who is a Life or Sustaining member.  Click on Find Lawyer;  Click on I Agree to All Terms; Enter your state in the state field;  Enter the word "life member" or "president member" or "sustaining member";  Then click on Find ATLA Member.

I hope I have been of some help.  If you have any further questions, feel free to let me know.  I would like to thank you for requesting my advice and I would appreciate your leaving a comment for me at AllExperts.com.

Good Luck!  and be sure to check out my web site www.HURT911.org which has a lot of useful information.

Philip L. Franckel, Esq.

FRANCKEL & ASSOCIATES

Former Member Board of Directors,

New York State Trial Lawyers Association

telephone: 516-621-9399

email: [email protected]

website: the CENTER FOR INJURY ASSISTANCE® at www.HURT911.org
Renfield
 
Posts: 52
Joined: Fri Jan 03, 2014 3:13 pm

Slip And Fall

Postby Delmont » Sun Nov 27, 2016 9:13 pm

nebraska, Sir I was at walmart about a year ago and slipped an fell on a transparent plastic portion cup that walmart was handing out samples of food in. I gave the portion cup to a near by employee and reported it to the service desk immeadiatly, it turns out that I needed back surgery and am still unable to work over a year later.  My fiance'was a witness. I have lost my job due to the extended time away, I also am in danger of losing my house due to finances. I have obtained a copy of the accident report from walmart but yet they deney my claim.... I asked a local attourney for help but he was not interested in the case, saying I could not prove how long the portion cup was on the floor. What should I do ? I need help
Delmont
 
Posts: 34
Joined: Wed Apr 09, 2014 11:00 pm


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