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Court Overturns Ruling to Allow Slip and Fall Case Against Walmart

Categories:Law in Florida

A recent court case allowed a plaintiff to pursue a claim against Walmart for the injuries she suffered in a slip and fall accident at a Walmart store.  The plaintiff was injured when she slipped on water that had been spilled at the checkout counter of the store.  Walmart’s attorneys argued that an employee had recently inspected the area, and the plaintiff’s complaint was dismissed in 2010.  However, the plaintiff appealed that ruling, and after the judges reviewed surveillance tapes, they found that merely walking through the area did not necessarily mean that the employees reasonably inspected the premises.  The plaintiff will be able to continue to pursue her claim against Walmart.

Although this case was located in New Jersey, it bodes well for plaintiffs across the country.  As we all know, Walmart is a company with locations in every state, and they employ national policies throughout their stores.  In Florida, slip and fall plaintiffs are similarly required to prove the same basic elements of a premises liability claim.  They must show that they suffered a personal injury, and that the personal injury was caused by the negligence of the defendant company, in this case, Walmart.

If a Walmart employee has reason to know that there is a spill or other dangerous condition in the store, they are required to take all reasonable measures to rectify the condition so that the store is safe for its customers.  If the employee does not do a scheduled inspection or notices a spill and does nothing to clean it, they have acted negligently and opened Walmart up to litigation for a premises liability lawsuit.

If you were injured in a Walmart or another store because you slipped and fell, you should consider filing a claim to compensate you for your pain and suffering.  Although the term “slip and fall” may not seem like a serious accident, falls can cause permanent traumatic injuries which require extensive medical care and treatment, and in some rare cases, they can be fatal.  If you have any questions about Florida premises liability law or slip and fall cases, the attorneys at Brooks Law Group are available to help.  Call us today at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: [email protected]

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