Walmart Slip and Fall Case Damages Could Be Affected by Appeal
If you are injured in a slip and fall accident, contact an attorney, to schedule your initial consultation by calling us today at 305.931.6666.
Logo 305.931.6666
2641 NE 207 Street,Aventura, FL 33180
1102 S. Florida Avenue,Lakeland, FL 33803
80 S.W. 8th Street Suite 2000-B Miami, FL 33130
950 South Pine Island Road Suite 150-A Plantation, FL 33324
305-931-6666 954-523-8292

Walmart Slip
and Fall Case Damages Could Be Affected by Appeal

Walmart Slip
and Fall Case Damages Could Be Affected by Appeal

By: Jason Neufeld
Posted in: slip and fall lawyer

In an appeal which was remanded by the 4th District Court of Appeal, a man who was awarded $970,000 in damages following a slip and fall accident in a Walmart store could see this payment significantly reduced. The appeal, which was filed by attorneys representing the retail giant, argued that the judgement was made without considering all relevant evidence. Derrick Thornton had filed a slip and fall lawsuit claiming negligence on the part of Walmart, after he slipped and fell in an indoor garden center, suffering knee injuries and herniated discs. After a 3-day trial, Thornton was awarded $970,000, but Walmart’s legal team now argue that medical testimony should have been considered, and would have reduced the financial settlement.

While Walmart’s attorneys state that the expected costs for a future knee replacement would not exceed $75,000, the Florida court has ruled that up to $150,000 of the original $970,000 may be reconsidered during the appeal.

What Can Cause a Slip and Fall Injury?

As the name suggests, a slip and fall injury is one which was sustained due to slipping on a surface and falling. Slip and falls can happen anywhere, and there is a wide range of potential causes, a fact which can be confirmed by our experienced Aventura slip and fall attorneys. While it is impossible to provide a definitive list of every possible cause of a slip and fall accident, some of the scenarios a Aventura attorney regularly sees when handling slip and fall cases include:

  • Poorly-fitted or damaged carpets, which the owner has neglected to repair or replace
  • Wet floors due to cleaning or spillage, where the store, business owner, or other responsible party has failed to display adequate warning signage
  • Floors which have been incorrectly waxed or treated. The risks posed by waxing or treating floors can include using too much polish or wax, uneven application of polish or wax, treating a sloping area of flooring, treating just one part of the floor, resulting in a change in walking conditions
  • Obstacles lefts in stairways
  • Damaged handrails, or worn or slippery steps in a staircase
  • Failure to use non-skid materials in applicable areas
  • Dark or poorly-lit areas
  • Pot holes
  • Neglected pavements or public walkways

As you can see, the list above covers numerous potential causes of slip and fall accident, and there are plenty more which our Aventura slip and fall accident attorney has not included.

Injured in a Slip and Fall? What You Should Do

If you are injured in a slip and fall accident, however it was caused and wherever it happened, our Aventura slip and fall attorney recommends that you follow these steps:

If you are in severe pain, call an ambulance and seek immediate medical attention. Even if your injuries do not appear to be overly serious, you should consult your own doctor as soon as possible. Delaying could negatively impact your slip and fall case.

  • Insist on filing an accident report, if you are able to do so, while you wait for the ambulance crew to arrive
  • Take note of the names of all staff and management who you speak with
  • Note the names and telephone numbers of any witness, if possible
  • Do not sign any form of documentation
  • Do not speak to an insurance adjuster until you have first consulted a Aventura slip and fall attorney
  • Save your shoes and clothing
  • Take as many photos as you can, including the area where you slipped and fell, your injuries, and any substances which may have contributed to your accident

Speak to a Aventura Slip and Fall Attorney Today

If you have been injured in a slip and fall accident, the compensation and damages you recover could depend on the quality of your legal representation. To avail of the legal expertise of an outstanding Aventura slip and fall attorney, schedule your initial consultation by calling us today on 305.931.6666.