Legal Question in Personal Injury in Texas
I went to Wal-Mart and I was walking down the main aisle behind the registers and I slip in fell. When I got up, my clothes were soaked. There was a puddle of water in the middle of the floor!! I went to the doctor the next day because i fell straight on my knee cap. The adjuster told me that he had statements from associates that cleaned up the spill, and he also has the video of me falling. But he denied my claim because he was not able to find the source of the water. I know I did not put it there and I was shopping at their store. Is there anything that I can do??
2 Answers from Attorneys
I've handled slip and fall cases against Wal Mart in the past. They've taken a hard stance in them. Their insurers deny liability for all claims and they assume that everyone making a claim is faking it. Accordingly, you have to file just about every claim. To answer your question, yes, you can sue them for negligence. The standard that you have to prove is very high, however.
Dave
Please see my disclaimer:
http://leonlaw.com/askalawyer/disclaimer
Ultimately, it is your burden to prove that there was a dangerous condition, (the spill) on the premises, that Walmart knew, or reasonably should have known about, that they didn't warn you or do anything quickly enough to prevent the incident from happening.
The video may be very helpful on this. However, they generally won't give you a copy voluntarily. Likely you will have to file suit get this information.
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