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Wife Had A Slip And Fall At Walmart And Is 7 Months Pregnant

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Wife Had A Slip And Fall At Walmart And Is 7 Months Pregnant

Postby ardwyad » Sun Nov 20, 2016 12:34 pm

My question is on 09/25/2009, my wife who is 7.5 months pregnant, daughter and I were at a local wal-mart super center. When we turned down an isle my wife had slipped on a streak of water and almost did the splits and had to land on her hands to break fall and not hit her stomach and harm the baby. There was no wet floor sign and she had to taken by ambulance to a hospital. Do we have a case and hat avenue(s) should we pursue as far as claim filing or what should we go after?

ANSWER: So, was she hurt? What were here injuries? How can I suggest a course of action when I don't know if she went to the hospital just to make sure she and the baby were OK or whether she did suffer an injury?  Since it didn't occur to you that I would need that information, I suppose you didn't realize that just because someone slips in water on the floor of Walmart, that Walmart is legally responsible.  Here is the law:  In order to have a claim for damages against the store you need to have evidence that the store "knew or should have known" about the water on the floor. That means, you must have evidence that the water was there for a long period of time.....maybe 30 minutes or more.........so that they "should have known" or, you have proof that a store employee caused the spill.  If someone 2 minutes before your wife was there spilled that water, the store could not have known and had time to clean it up. If the water was from mopping the floor, and you can prove it, then the lack of warnings and the source would create a case against the store. But if she wasn't hurt, there are no damages other than the cost of the ambulance and the ER. Walmart has insurance to reimburse you for any out of pocket medical expenses in that event, regardless of legal fault. Got it?

---------- FOLLOW-UP ----------

She was injured....Her back was hurt and she has to she a chiropractor as well as her OB and take x=rays. She was initially diagnosed with a sprained back, but the doctor advised us to consult the OB due to the pregnancy. So to answer the question, yes she was hurt.

Around the water where she had slipped it looked like black marks around like like someone had stepped in it and it dried on the floor.
ardwyad
 
Posts: 54
Joined: Fri Apr 01, 2011 10:09 am

Wife Had A Slip And Fall At Walmart And Is 7 Months Pregnant

Postby Drych » Thu Nov 24, 2016 1:59 pm

My question is on 09/25/2009, my wife who is 7.5 months pregnant, daughter and I were at a local wal-mart super center. When we turned down an isle my wife had slipped on a streak of water and almost did the splits and had to land on her hands to break fall and not hit her stomach and harm the baby. There was no wet floor sign and she had to taken by ambulance to a hospital. Do we have a case and hat avenue(s) should we pursue as far as claim filing or what should we go after?

ANSWER: So, was she hurt? What were here injuries? How can I suggest a course of action when I don't know if she went to the hospital just to make sure she and the baby were OK or whether she did suffer an injury?  Since it didn't occur to you that I would need that information, I suppose you didn't realize that just because someone slips in water on the floor of Walmart, that Walmart is legally responsible.  Here is the law:  In order to have a claim for damages against the store you need to have evidence that the store "knew or should have known" about the water on the floor. That means, you must have evidence that the water was there for a long period of time.....maybe 30 minutes or more.........so that they "should have known" or, you have proof that a store employee caused the spill.  If someone 2 minutes before your wife was there spilled that water, the store could not have known and had time to clean it up. If the water was from mopping the floor, and you can prove it, then the lack of warnings and the source would create a case against the store. But if she wasn't hurt, there are no damages other than the cost of the ambulance and the ER. Walmart has insurance to reimburse you for any out of pocket medical expenses in that event, regardless of legal fault. Got it?

---------- FOLLOW-UP ----------

She was injured....Her back was hurt and she has to she a chiropractor as well as her OB and take x=rays. She was initially diagnosed with a sprained back, but the doctor advised us to consult the OB due to the pregnancy. So to answer the question, yes she was hurt.

Around the water where she had slipped it looked like black marks around like like someone had stepped in it and it dried on the floor.
Drych
 
Posts: 53
Joined: Sun Jan 12, 2014 5:43 pm

Wife Had A Slip And Fall At Walmart And Is 7 Months Pregnant

Postby Takuya » Wed Nov 30, 2016 8:57 am

I know you were worried about your pregnant wife, maybe still are, and this was all very upsetting. But a "sprained" back is really not much of a diagnosis. I am a little concerned if they took spinal xrays considering her pregnancy.  In fact, I can't believe anyone took xrays of a 7.5 month pregnant woman. Anyhow, no lawyer wants the case......no worth enough. If you send the medical records and bills to Walmart they might offer a couple hundred dollars, maybe a gift card, nothing big. Or you can sue in Small Claims but you simply won't have the evidence that I described in my first answer. At the least you would need photos of the area with the black marks but no doubt those pre-existed the water spill
Takuya
 
Posts: 37
Joined: Fri Feb 07, 2014 4:06 am


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