Slip and Fall accident

[Kattiera]

I reside in the state of Utah where as I had a slip and fall accident. This was in a Wal-Mart parking lot in the handicapped parking. I have tried and tried to find the laws and statuets of " handicapped parking accessability" . I was told that there is a Federal law stating that the handicapped parking needs to be clear and accessable but no where do I find it.

This accident put me down for over 3.5 weeks. I was unable to go up and down stairs, I was unable to reside for that time in the same bed as my husband. And I was also unable to attend my college classes having gone 3 weeks behind it was near to impossible to catch up.

right now Walmart has it in their claims department and they have me as to they dont want to re-emberse for school. All I have asked for is the schooling (as I am on a grant which I have to pay back ) and for the Dr. Bill. I havent asked for pain and suffering, nor being unable to do my normal daily things. I though I was being reasonable.

Any suggestions?

[seniorjudge]

Originally Posted by Kattiera

I reside in the state of Utah where as I had a slip and fall accident. This was in a Wal-Mart parking lot in the handicapped parking. I have tried and tried to find the laws and statuets of " handicapped parking accessability" . I was told that there is a Federal law stating that the handicapped parking needs to be clear and accessable but no where do I find it.

This accident put me down for over 3.5 weeks. I was unable to go up and down stairs, I was unable to reside for that time in the same bed as my husband. And I was also unable to attend my college classes having gone 3 weeks behind it was near to impossible to catch up.

right now Walmart has it in their claims department and they have me as to they dont want to re-emberse for school. All I have asked for is the schooling (as I am on a grant which I have to pay back ) and for the Dr. Bill. I havent asked for pain and suffering, nor being unable to do my normal daily things. I though I was being reasonable.

Any suggestions?

Since you have no permanent and serious injuries, you have no case.

[Kattiera]

Originally Posted by seniorjudge

Since you have no permanent and serious injuries, you have no case.

I do have permanent injuries. I now am gett SSI since I can no longer walk more then 200 FT. The sack between the knee and joint because of the fall is no longer there.

[magic55]

99% of the time its your OWN FAULT you tripped and fell. You want to sue wal mart because you cant walk with out falling....thats not their fault.....its YOURS!

[Kattiera]

Without getting into a pissing match over the 99% and falling, if they dont take care of the handicapped parking lot such as deamed proper and maintaining it ( de-icing) then even a 90 year old man would have slipped and fell. This was not an act of just tripping over ones clumsy feet. It was because there was ice that was not removed. All I was looking for was the Statues on Handicapped Parking. I know there is both state and federal and am having a hard time locating them.

[thepenster060]

why were you parking in the handicap spot anyways? More details needed on the fall.

[leeleeblue]

99% of the time its your OWN FAULT you tripped and fell. You want to sue wal mart because you cant walk with out falling....thats not their fault.....its YOURS!

That was pretty rude. She didn't say "Hey, I was walking and tripped over my shoelaces, now I want WalMart to pay me."

WalMart is notorious for being lax in safety precautions for its customers. From rugs being turned up in the entry ways to floors in the restrooms being wet, it seems to me that they aren't too concerned. I've seen ice patches three car spaces long in their parking lots during the winter.

I live within a 50 mile radius of 4, yes FOUR, Walmarts and I've been to all of them and 75% of the time I can see where a customer can slip and fall. I was actually in one the other day where an elderly lady slipped, but didn't fall, on a grape that was in the register aisle. It seems someone had dropped grapes, there were at least 6 or 7, from their cart and no one picked them up. This woman was pretty tiny and appeared frail and I can only imagine what injuries she would have sustained had she fell. I guess you'd say it was her fault she didn't see the grapes?!?!

It's WalMart's responsibilty to keep their premises safe at all times, from the parking lot to the aisles to the restrooms. In this age of sue happy victims, you'd think they'd be more careful themselves.

[You Are Guilty]

Originally Posted by leeleeblue

It's WalMart's responsibilty to keep their premises safe at all times, from the parking lot to the aisles to the restrooms.

Actually, you are absolutely, 100%, completely, wrong. No store is under any such obligation. Anywhere.

[weenor]

premise liability is predicated on duty which is in turn predicated on notice of the condition that allegedly caused OP to fall. In order to recover against Wal-Mart OP would have to prove that an usually dangerous condition existed of which Wal-Mart knew or should have known of AND had to the opportunity to correct.

[leeleeblue]

Oh? So a store is not responsible for keeping their premises safe???? Who's responsibilty is it then!?!?!?

That's funny, because when I worked for WalMart, part of my job description was to "keep any and all items that may obstruct customer's pathways off the aisle floors." That went for food items, papers, clothing items, toys, etc., pretty much anything and everything that someone could trip over.

[leeleeblue]

I never said obligated, I said responsible. They don't have to do it, but they are responsible for keeping the areas where customers frequent safe.

Just as a homeowner is responsible for keeping the snow off their sidewalks so that pedestrians can walk safely, Walmart is responsible for keeping their parking lots free of ice and snow. If they weren't, they'd never hire snowplows and salt trucks.

[weenor]

Originally Posted by leeleeblue

I never said obligated, I said responsible. They don't have to do it, but they are responsible for keeping the areas where customers frequent safe.

Just as a homeowner is responsible for keeping the snow off their sidewalks so that pedestrians can walk safely, Walmart is responsible for keeping their parking lots free of ice and snow. If they weren't, they'd never hire snowplows and salt trucks.

To a certain extent. Having lived in Wisconsin for many years I can tell you that there are times when conditions exist that cannot be remedied by the store owner. Only under circumstances in which there is notice and opportunity to remedy will a premises owner be held liable. There is also the issue of contributory negligence for OP not seeing the condition prior to the fall. A premises owner is not a complete insurer for the well being of negligent shoppers.

[leeleeblue]

I know if I owned my own business, I'd be sure to keep it safe to save myself from excessive claims of "HEY THAT THING WAS IN MY WAY AND I FELL!! PAY ME!" I guess with stores as big as Walmart it's not an easy thing to do. I don't know if I'd blame the person for not seeing a patch of ice and slipping on it unless they went, "Hmm, a patch of ice, let me see if I can slide across the parking lot on one foot."

I knew someone who fell in a sewer in NY and won a few million from the city (it took him 7 years to collect, but he won). Now, this sewer was missing the grate and it was clear as day that it was missing. The sewers are probably 3 feet wide and just as long and you really can't miss a gaping hole as you go to cross the street. BOOM he went right in up to his waist and broke his leg. (Obviously the city was negligent leaving it uncovered without so much as an orange cone in it).

I just always assumed that store owners are responsible for the safety of their customers. I'm sure I'll be treading lightly and keeping my eyes open from now on!!

[enjay]

Originally Posted by leeleeblue

I just always assumed that store owners are responsible for the safety of their customers. I'm sure I'll be treading lightly and keeping my eyes open from now on!!

Ultimately, the customers have responsibility for their own safety. There are exceptions, for example someone getting shocked by a live wire that multiple people had pointed out and was never fixed. Someone slipping on a tomato that someone just dropped at the salad bar, or someone slipping on ice in the middle of winter during or immediately after a snow storm, or someone missing a step and falling are all cases where the individual is responsible for herself. Stores often settle claims just to shut people up because it is cheaper to do that than go through a lengthy legal process. People have a responsibility to watch their step.

[Kattiera]

I know here in Utah if a home owner does not shovel their side walks and keep if ( in reasonable amount of time ) from being icy and someone falls the home owner is at falt. I also have written statements from 2 Wal-Mart managers that they DID NOT deice their parking lot in the past 3 days even after being warned by others that the parking lot was becoming a hazard to walk acrossed.

The Reason I was in a handi-capped parking was due to the fact it was TEMP as for a bloode clot in my leg which gave me limited walking.

The facts still remain. They did not deice the parking lot, I fell, I was injured. There are bills and effects from it that will be long lasting. They took pictures , I have a managers statement that they had not propperly maintained it, Yet again all I am looking for is the statues that co inside with Handicapped Parking laws. Such as must be clear and accessable. (Again ICE doesnt make it Accessable )