Walmart Loses Slip and Fall Lawsuit to the Tune of $220,000
A plaintiff filed a slip and fall lawsuit against Walmart after she slipped and fell in an aisle containing various lotions. There was an accumulation of lotion on the floor of the aisle when she slipped and fell. The plaintiff suffered a herniated disc in the accident and sued Walmart for damages. A jury awarded her $220,000 as a result of her claim.
Walmart fought the claim all the way before a jury. In many cases, Walmart and similar stores will settle the claim quietly to make it go away. In this case, Walmart decided that fighting the claim was the better option. They argued that the slip and fall was the result of the plaintiff’s own negligence and not their own. Walmart argued that the slip and fall occurred because the plaintiff did not pay attention to where she was going.
Florida slip and fall lawsuits
In Florida, slip and fall lawsuits are negligence actions. A plaintiff must be able to establish that the employees knew about the dangerous condition and failed to remedy it or that they should have known, but didn’t bother checking. According to the lawsuit, Walmart did not have anyone assigned to the aisle to make sure it was clean. This argument proved pivotal in proving the plaintiff’s case and winning her lawsuit. In that case, the plaintiff argued that Walmart would have known about the dangerous condition had they exercised a normal amount of care. They did not, so a jury found that Walmart was responsible for the accident and awarded the plaintiff $95,000 in economic damages and $125,000 in noneconomic damages.
Economic damages are awarded to the plaintiff to compensate them for lost income or medical expenses. Noneconomic damages are pain and suffering damages or loss of enjoyment of life or reduced quality of life. The plaintiff now suffers from a herniated disc which likely causes chronic pain. Walmart was forced to compensate her for the herniated disc and related injuries.
Winning a slip and fall lawsuit in Florida
To win a slip and fall lawsuit, you must establish that the proprietor committed some form of negligence. In the case mentioned above, Walmart failed to assign anyone to the aisle with the lotion in it. Since it is predictable that such an aisle could leave the ground dangerous, Walmart was negligent for failing to assign anyone to the aisle. Without that parcel of information, it would have been much more difficult for the plaintiff to establish negligence.
In many slip and fall lawsuits, the plaintiff must establish what the proprietor or their employees knew prior to the accident. In this case, they were able to argue that the proprietor should have known about the dangerous condition.
Talk to a Tampa, FL Slip and Fall Accident Attorney Today
Florin Gray represents the interests of Tampa, FL residents who are injured in slip and fall accidents. Call our Tampa personal injury lawyers today to schedule a free consultation and we can begin discussing your injuries immediately.