Our Miami-Dade County Wal-Mart fall down injury lawyers represent the injured throughout the State of Florida. We are often contacted weeks and months after the fall occurs which makes the successful representation of the injured more difficult. Our law office recommends that if you are injured at a Wal-Mart you consider the following immediately.
1. Report the injury when possible to a Wal-Mart employee.
2. Get the employee’s name and title.
3. Note the time of the fall and when you reported it.
4. Do not sign anything you do not understand or that is written on your behalf.
5. Request a copy of anything you sign.
6. Do not let the Wal-Mart employee photograph you without your permission.
7. If the employee insists you smile for the camera, don’t.
8. If Wal-Mart employees insist on photographing you, photograph them.
9. Obtain the names of any witnesses to the fall.
10. Figure out what caused you to fall. Was the floor wet or slippery?
11. When possible take your own photographs. Use your cellphone.
12. Call 911 if you are injured. Do not rely on Wal-Mart to call for you.
If you are injured, contact an experienced Boca Raton Wal-Mart injury lawyer and insist that they request the surveillance video from the store for the 3 hours before and after your fall. This is crucial evidence since many people who slip and fall and are injured in stores like Wal-Mart, Publix, K-mart, Costco and BJ’s Wholesale Club mistakenly believe that simply because you fall in a store and are injured the store is responsible for it. Here is a sample of our letter: Signed Preservation letter-36174.pdf
Florida law is very specific as to how and to whom a claim can be legally made.
The Florida Statutes §768.0755 provides the law on slip and falls in businesses. The law requires the injured person prove that the business actually knew of or should have known of the dangerous condition that caused the fall and should have fixed it. One can prove that the business owner should have known of the condition if the condition occurs with frequency like a broken water main or was foreseeable like placing a drink cooler with ice bucket that does not have adequate drainage. In other words, if someone were to slip and fall in Florida before a store like Wal-Mart reasonably should have been aware of it the condition, there is no case. That is why obtaining the surveillance video is so important because it will prove in some cases how long the liquid or other substance was on the floor. It will also show how often the aisles are inspected by Wal-Mart’s employees. This law applies no matter how serious the injury is.
People slip and fall every day in Florida and it is not always someone else’s fault. However, as a Palm Beach personal injury lawyer I suggest that when and if you fall due to the negligence or carelessness of a business owner, it is important to move quickly to protect your legal rights and ensure that you have the greatest chance of obtaining compensation for your injuries, medical expenses and time away from work.