Slip and fall broke wrist

P

Peg983

New Member
Jurisdiction
New York
Last month I was in Walmart shopping. I slipped and fell went down and broke my right wrist. There was an accident report filled out by the Manager on an iPad. I didn't go to the hospital that night but went to the orthopedic the next day. Because of the swelling he put it in a splint for a few days and then in a cast. The cast is off and I'm now facing weeks of physical therapy. After I fell i realized that there was something mushy on the heel of my shoe. There were skid marks on the floor and the person making out the report said it looked like a strawberry. This Walmart does sell food but I wasn't in the food area. I was told that the insurance would contact me but they haven't so far. I called one lawyer so far who basically said that proving negligence was a concern but she would bring it to one of the lawyers but she never got back to me. I am not in the best of circumstances right now typing this with one finger of my left hand and getting not much if any help from my right hand at all. I am so dominantly right handed it's ridiculous. Anyone have any insight on how to go ahead with something like this? I feel like Walmart is just hoping that I'll go away but when something like this happens and it's taken so much from you I just don't think that's fair. Any help/insight appreciated.
 
Have you submitted a claim to Wal-Mart asking for compensation? You likely won't hear from them until you give them something to respond to.
I agree negligence will be hard to prove. That someone dropped a strawberry on the floor isn't enough.
 
Peg983 said:
Anyone have any insight on how to go ahead with something like this?
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Don't expect a windfall because you fell.

If you had hit the mother lode of lawsuits, the lawyer would have reached out to you by now.

When contacted by someone on behalf of Walmart or their insurer, you'll likely be offered a small token payment to make you go away.

How small?

Usually in the area of $500.

You'll be offered compensation for your OUT OF POCKET medical bills.

If that isn't enough to satisfy you, you'll have to find a lawyer that will aggressively pursue your case.

You won't find such a lawyer, assuming you seek such a lawyer surfing the interwebz.

Good luck.
 
To successfully take action against Walmart you are going to need sufficient evidence that they knew the strawberry was there, had had sufficient time after learning it to take action, and failed to do so. Much as I would like to say otherwise (I hate Walmart), if someone dropped the strawberry two minutes before you stepped on it, that's not their fault.
 
Cbg has given you the same summary of negligence law that I would have given you had I gotten here first. :)

That being said, I suggest you put your notice in writing to the store manager and to corporate HQ.
 
Peg983 said:
Anyone have any insight on how to go ahead with something like this?
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You can certainly follow up with the store manager about the insurance.

Beyond that, there isn't much here.

The store's liability insurance almost certainly has a component that will pay some amount for injuries occurring on the premises, without regard to liability. That is probably your best source of recovery (other than your personal medical insurance).

Anything beyond that would require that you prove that your injury resulted from negligence on the part of the store or some employee. Proving that would require that you prove that someone knew or should have known about a dangerous condition and failed to take reasonable action to remedy the condition. This is what the lawyer meant when she told you that proving negligence would be an issue.
 
It was also raining that night. Mops we're constantly in use and umbrella bags were being handed out at the front door. In fact when the employee finished mopping up the area where I had fallen she startled moping up a few feet away. For all I know the floor could have also been wet.
 
Peg983 said:
It was also raining that night. Mops we're constantly in use and umbrella bags were being handed out at the front door. In fact when the employee finished mopping up the area where I had fallen she startled moping up a few feet away. For all I know the floor could have also been wet.
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Why do you think that helps? You KNEW there might be slippery conditions.
 
Peg983 said:
It was also raining that night. Mops we're constantly in use and umbrella bags were being handed out at the front door. In fact when the employee finished mopping up the area where I had fallen she startled moping up a few feet away. For all I know the floor could have also been wet.
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That just shows they were working hard to keep the place safe.
And you were the one on the floor so you should have as good an idea of the condition of the floor as anyone.
 
Peg983 said:
It was also raining that night. Mops we're constantly in use and umbrella bags were being handed out at the front door. In fact when the employee finished mopping up the area where I had fallen she startled moping up a few feet away. For all I know the floor could have also been wet.
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Let's say everyone on this site agrees with you.

None of us have any authority to do anything that would lead to you being awarded one US dollar.

We are all a bunch of useless nobodies, insofar as you are concerned.

I suggest you seek the counsel of somebody that can help you get paid the money you THINK you deserve.
 
Peg983 said:
It was also raining that night. Mops we're constantly in use and umbrella bags were being handed out at the front door. In fact when the employee finished mopping up the area where I had fallen she startled moping up a few feet away. For all I know the floor could have also been wet.
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What you've posted above actually makes it LESS likely that they would be found to have any liability.
 
Peg983 said:
It was also raining that night. Mops we're constantly in use and umbrella bags were being handed out at the front door. In fact when the employee finished mopping up the area where I had fallen she startled moping up a few feet away. For all I know the floor could have also been wet.
Click to expand...

There's always more to the story than the initial post. Sigh.
 
I think everyone can sympathize with you. However, if you're expecting some type of quick-moving settlement or initial outlay of money to you, I wouldn't be as confident. No one likes to dispense funds from their own pocket unless they are sure there is good reason. Right now it seems that you were in the investigation stage, even though I'm sure the medical expenses are piling up and the medical care system will likely be diligent to get their own bills paid.

The truth is none of us know exactly what happened that night. You went for a legal consultation. The law firm may have given you their first impression.

Simply because a condition existed or that something happened doesn't automatically meanthere will be an award of compensation. Investigation as to what conditions may have existed which would constitute negligence, such as a lack of reasonable care by Walmart to make conditions safe, can take quite a while.

It is best for you to speak to the law firm or another attorney who will be able to best advise you and apprise you of where you stand.
 

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