My mother slipped on some lotion on the floor at Walmart in

Posted: Tue Jun 23, 2009 04:27 am Post Subject:

That's an interesting defense from their standpoint. It seems as though your mother is not trying to take advantage of a bad situation, and I commend her for that. Had they known about the spill, and not cleaned it up...then they would definitely be at fault. I'm not aware of the specific laws, but it would not be a bad idea to consult with an attorney. Whatever you do, don't let the attorney talk you into a major lawsuit!

Posted: Tue Jun 23, 2009 05:34 am Post Subject:

There needs to be negligence involved. There is also something called constructive notice. Walmart has a duty to make sure that their property is safe. What they are saying is that they had no chance to clean up the lotion so there was nothing that they could have reasonably done to prevent the fall. They have a point. Are they correct? Only a court of law can make that final decision.

Do I think they would pay something on the claim if it were pressed? Probably.

As your mother is an "invitee", Walmart has a higher duty of care. An attorney would obtain a copy of their safety documents and see what procedures they have in place to prevent this type of thing from happening, how they monitor the store to detect these types of hazards, look for documentation to show it was done or that the regs were followed, etc.

Walmart can have their _opinion_ on the matter... it does not mean a judge or jury would agree.

Posted: Tue Jun 23, 2009 07:17 am Post Subject:

Hi barbree,

There are some facts that you'd need to discuss with your attorney.

Tcope has certainly touched an interesting aspect over here-

Walmart has a duty to make sure that their property is safe.

They said they "viewed the security tape" and the lotion was spilled moments before mother fell and since they were not notified of the spill, they didn't have time to clean it and therefore they are not responsible.

Posted: Tue Jun 23, 2009 01:02 pm Post Subject:

Don't you think that Walmart could have prevented this outcome had they been more protective towards their sales items?

Posted: Tue Jun 23, 2009 02:02 pm Post Subject:

Exactly my point earlier...unless Walmart knew about the spill and had failed to clean it up, there really doesn't seem to be any type of negligence. Although, we don't know what caused the spill.

If the issue is pressed, I'm sure that Walmart is much more likely to pay medical bills. After all, it would be much cheaper to pay a few medical bills then it would to use the company lawyers, fight a lawsuit, and go up against a jury. Normally you don't know which way the jury will go, but it always seems that big bad Walmart or any other large company seems to fare poorly when facing a jury.

AND here's the statement that will probably cause a ruckus. A jury is made of peers. With the despicable mentality of most, who wouldn't want to slip and end up a millionaire?

I'M NOT SAYING THIS ABOUT THE OP, as I put above...it seems like her mother just wants help with the medical bills. She doesn't sound like she's looking to make a federal case out of it!

Posted: Wed Jun 24, 2009 12:45 am Post Subject: My Mother

Thanks everyone. Here's the deal, the manager of the Walmart store immediately offered to pay mother's medical bills, they even sent supplies home to her the next day to help (a cane, some ointment similar to BenGay, advil, pain meds, etc...very generously). They said they would "take care" of her medical bills. We were very pleased since mom is on Medicare only, we appreciated the offer. We were even told that they would reimburse Medicare, etc...The store manager said they watched the tape and knew without a doubt that she accidentally slipped on lotion that a prior customer had spilled. Did that mystery customer go alert staff to the lotion? Who knows. They said the time elapsed between the lotion spilling and my mother spilling was a few minutes. I asked to see the video and they refused. The Claims adjuster kept telling me only an attorney could request it. I repeated it to her, only an attorney, and she said yes. We never wanted to get an attorney involved because we just don't do that (fear of what goes around comes around). Anyway, I think once they found out she had fractured her back things changed. We were surprised by the abrupt change of attitude. the local AR Walmart store still inquires of my sister as to my mother's condition, but corporate Walmart has said we are not helping you. I keep expecting to get a bill for the items they gave her the next day (via my sister as mother has been nowhere except the dr since the accident). Whew, glad to get that out of my system, and thanks for all the insights!

Posted: Wed Jun 24, 2009 01:05 am Post Subject:

Glad to hear that everything is going much better. Hope your mother's condition improves as quickly as possible. Let us know if you need any more help!

Posted: Wed Jun 24, 2009 10:32 am Post Subject:

Hi Barbree..

We were surprised by the abrupt change of attitude. the local AR Walmart store still inquires of my sister as to my mother's condition, but corporate Walmart has said we are not helping you.