Did an injury while shopping at a Walmart or any other store leave you sidelined? If so, you might be eligible to file a personal injury claim.
Real Life Example
A Louisiana woman was going shopping at Walmart on November 5, 1992 when she was walking across the parking lot and tripped over an elevated edge of concrete slab, which caused her to fall to the ground.
As a result of the fall, she suffered injuries to her hands, knees, and elbows. She ended up undergoing arthroscopic surgery on her knee because of the injuries.
The court awarded the plaintiff $44,877.53 in general damages, medical expenses, and lost wages decreased by 10%, which was deemed to be the percentage of her fault.
The court determined that based on evidence presented, the plaintiff was entitled to $35,000 in general damages, lost wages amounting to $2,300.75, and medical expenses totaling $7,576.78.
The plaintiff's argument emphasize that the store was liable because it failed to maintain reasonably safe conditions in its parking lot. The judgment was based on the store's parking lot existing in an unreasonably dangerous condition that resulted in the plaintiff suffering injuries.
The parking lot had a slight elevation change that could easily go unnoticed, according to court records.
Existence of Dangerous Conditions
The evidence presented in regards to the personal injury claim showed that the parking lot presented a dangerous condition, so the court determined that the store was negligent in failing to maintain its business premises. Based on those findings, the plaintiff was awarded damages for her personal injury claim.
p>An engineer testified that the elevation changes in the parking lot were not with building code or industry standards, thus they created dangerous situations that could lead to accidents.
An appeal in regards to the judgment, but the court affirmed the ruling and the judgment was confirmed.
Consult with a Personal Injury Attorney
If you have suffered an injury while shopping at Walmart, or any other store, you should consult with a personal injury attorney as quickly as possible. Personal injury claims are complicated, and an attorney can significantly improve your odds of a successful claim.
Your personal injury attorney can help document the accident and gather proof to support your claim. Because personal injury attorneys aren't paid until they win your claim, you should schedule a consultation today because there is no out-of-pocket expense.
**Case Take From Findlaw: caselaw.findlaw.com/la-court-of-appeal/1240311.html
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Walmart Stores, Inc., or another party, you may not be entitled to any compensation.
