Fell in Walmart parking lot

[logies101]

What is the name of your state (only U.S. law)? I fell in the parking lot of an Alabama parking lot. They had resurfaced part of the parking lot on one half of the isle and not the other half. The center had a dropdown that was not roped off or any sign in any way. I went down hard, twisting ankle and falling on knee of other leg, it twisted my body when I fell and now my lower back hurts like heck. I reported it to the store manager and she said someone else had fallen in the past day or so and they painted a yellow line all the way down the bump. New yellow lines had also been painted everywhere there was a parking space. I did not see the uneven surface and had no idea what the yellow line meant. She said she knew it was dangerous and wished the people working on it didn't leave it that way. She told me if I needed an ambulance and I said no. She said a company called CMI would contact me and not to go to the doctor until they did. I said well what if I needed to go and they had not called, she said to call them first. My husband tried calling, no answer. Now I am feeling more pain in my lower back and no medical insurance. If I contacted a lawyer do you think I have a case and they would cover dr. bills and pain and suffering? I'm not young, 64yrs old so falling is not good.

 

[RedemptionMan]

What is the name of your state (only U.S. law)? I fell in the parking lot of an Alabama parking lot. They had resurfaced part of the parking lot on one half of the isle and not the other half. The center had a dropdown that was not roped off or any sign in any way. I went down hard, twisting ankle and falling on knee of other leg, it twisted my body when I fell and now my lower back hurts like heck. I reported it to the store manager and she said someone else had fallen in the past day or so and they painted a yellow line all the way down the bump. New yellow lines had also been painted everywhere there was a parking space. I did not see the uneven surface and had no idea what the yellow line meant. She said she knew it was dangerous and wished the people working on it didn't leave it that way. She told me if I needed an ambulance and I said no. She said a company called CMI would contact me and not to go to the doctor until they did. I said well what if I needed to go and they had not called, she said to call them first. My husband tried calling, no answer. Now I am feeling more pain in my lower back and no medical insurance. If I contacted a lawyer do you think I have a case and they would cover dr. bills and pain and suffering? I'm not young, 64yrs old so falling is not good.

Yes, call around for some personal injury lawyers even ones in your area that deal with Wal Mart and get the ball rolling. Wal Mart caps certain injuries though but you should at least get your medical expenses reimbursed. My mother successfully had her medical bills paid but they were a real pain to deal with trying to get you to settle and be done the day you go to the doctor. Your best bet would be to have a personal injury lawyer take care of it and then get some additional money other than just medical bills but additionally for pain and suffering. I hate Wal Mart and a lot of good personal injury attornies do to. You should have no problem finding an attorney to take your case.

 

[swalsh411]

I hate Wal Mart and a lot of good personal injury attornies do to.

So do many people but that doesn't make their attorneys any less effective.

 

[Mass_Shyster]

So do many people but that doesn't make their attorneys any less effective.

Actually, it does.

Walmart will make an offer, and refuse to budge. They actually offer classes for attorneys on how to sue them. It saves them time filing the same motions over and over that they always win.

If you don't take their offer, they will throw everything they can at you.

If you're going to sue them, you're better off using someone familiar with them.

 

[swalsh411]

Actually, it does.

Walmart will make an offer, and refuse to budge. They actually offer classes for attorneys on how to sue them. It saves them time filing the same motions over and over that they always win.

If you don't take their offer, they will throw everything they can at you.

If you're going to sue them, you're better off using someone familiar with them.

So Walmart still calls the shot. Exactly my point.

 

[Ladyback1]

What is the name of your state (only U.S. law)? I fell in the parking lot of an Alabama parking lot. They had resurfaced part of the parking lot on one half of the isle and not the other half. The center had a dropdown that was not roped off or any sign in any way. I went down hard, twisting ankle and falling on knee of other leg, it twisted my body when I fell and now my lower back hurts like heck. I reported it to the store manager and she said someone else had fallen in the past day or so and they painted a yellow line all the way down the bump. New yellow lines had also been painted everywhere there was a parking space. I did not see the uneven surface and had no idea what the yellow line meant. She said she knew it was dangerous and wished the people working on it didn't leave it that way. She told me if I needed an ambulance and I said no. She said a company called CMI would contact me and not to go to the doctor until they did. I said well what if I needed to go and they had not called, she said to call them first. My husband tried calling, no answer. Now I am feeling more pain in my lower back and no medical insurance. If I contacted a lawyer do you think I have a case and they would cover dr. bills and pain and suffering? I'm not young, 64yrs old so falling is not good.

CMI is Walmart's insurance carrier for General Liability and some Work Comp (in states that allow for out of state adjusters). CMI is Walmart.
Walmart is self-insured. CMI is difficult to work with, difficult to get answers from and dang near impossible to get on the phone.
If the manager filed a claim, she should be able to obtain a claim number for you---and with that, you should be able to at least obtain an initial eval for your injuries.

I am a big proponent of obtaining legal counsel when dealing with Walmart Corporate.

 

[RedemptionMan]

CMI is Walmart's insurance carrier for General Liability and some Work Comp (in states that allow for out of state adjusters). CMI is Walmart.
Walmart is self-insured. CMI is difficult to work with, difficult to get answers from and dang near impossible to get on the phone.
If the manager filed a claim, she should be able to obtain a claim number for you---and with that, you should be able to at least obtain an initial eval for your injuries.

I am a big proponent of obtaining legal counsel when dealing with Walmart Corporate.

Yeah, and the pop is the claim or form has either been lost or not turned in. They love to play difficult games and are a royal pain to deal with. That is why I suggested to get a lawyer familiar with their process.

 

[OHRoadwarrior]

Alabama is not one of those states that jumps on the "beat the retailer" bandwagon. I don't think OP can establish such clear liability on WallyWorlds part. Clearly the have parking lots needing periodic repair. They contract out those repairs to professional paving companies. Further, they made sure the hazard was marked. OP's inattention was not their fault. OP may have an argument the paving company was incompetent in doing the work.

Here is an excerpt that I find relative to the view I hold:

In Connecticut, when a court first recognized the rule in Kelly v. Stop & Shop, Inc., 281 Conn. 768, 791–92 (Conn. 2007), the court limited the rule by using the phrase “zone of risk.” Specifically, the court held that a plaintiff can establishes a prima facie case of negligence by presenting evidence that the “mode of operation” of the defendant’s business gives rise to a foreseeable risk of injury to customers and that the plaintiff’s injury was proximately caused by an accident within the “zone of risk.” Id. at 791. The court went on to state that “the prima facie case may be defeated if the defendant produces evidence that it took reasonable measures to prevent accidents such as the one that caused the plaintiff’s injury, and the plaintiff fails to establish that those measures did not constitute reasonable care under the circumstances.” Id. at 791– 92. As such, under the “mode of operation” analysis, retailers do have defenses. Defense counsel, must, however, present evidence to show that the retailer (1) had adequate policies and procedures in place, and (2) the retailer’s employees followed those policies and procedures.