According to a recent report in the Southern Texas Record, a Hardin County resident has filed a personal injury lawsuit against Wal-Mart for serious injuries he says he sustained after he slipped and fell. The suit, which was filed 2012-11-30, states the man fell in October 2010 at a Wal-Mart in Lumberton. He is seeking an award of damages for medical expenses, loss of earning capacity, impairment of earnings, physical pain, mental anguish, physical impairment, physical disfigurement, exemplary damages, interest and court costs. The lawsuit accuses Wal-Mart of being negligent in the following areas:
- Failing to maintain the floor in a reasonably safe condition.
- Failing to properly inspect and maintain the flooring area in question.
- Failing to remove the substance causing the slip and fall.
- Failing to discover and remove the slick substance within a reasonable time.
- Failing to give adequate and understandable warnings to the plaintiff of the unsafe condition of the flooring area.
- Failing to use the care of a reasonable prudent person under the same or similar circumstances.
In their answer to the lawsuit, Wal-Mart has denied the allegations made by the plaintiff and also says that the two-year statute of limitations to file the suit has passed. They are accusing the plaintiff of being negligent by failing to keep a proper lookout, failing to take proper evasive action, failing to use ordinary care for his safety and for failing to go around the substance. If you have been injured because of a fall caused by someone’s negligence, you need to contact an experienced personal injury attorney to see what compensation you may be entitled to for pain and loss suffered.