Legal Question in Personal Injury in New York
Possible Law Suit against Wal-Mart?
My boyfriend (38 yrs old) slipped on ice in the Wal-Mart parking lot and broke his ankle. At the time of the accident the Walmart Manager insisted that my boyfriend take an ambulance to the hospital since he was alone and had no one to drive him. It's now been 1 week later and the Walmart Claims Department called and said that they will not pay any of the medical expenses. Can we take legal action against them?
6 Answers from Attorneys
Re: Possible Law Suit against Wal-Mart?
The simple answer to your question is "yes" you have legal rights. Large stores try to take advantage of people who do not have lawyers. My office handles these type of cases every day. We work on a contigency fee basis so you do not pay anything unless we get you money. Please feel free to call me at 212-622-7180 to discuss the case.
Re: Possible Law Suit against Wal-Mart?
Indeed. The action would be to recover non-reimbursed costs and for the ankle fracture itself.
I am across the border in Putnam County. Feel free to call me to discuss this matter with out cost or obligation at 845-878-2163. The sooner you act all around, the sooner there can be a resolution.
Good Luck.
RRG
Re: Possible Law Suit against Wal-Mart?
You will probably have to if your boyfriends wants Wal-mart to cover his damages. Keep in mind that snow and ice cases are notriously tough to win and are not a "sure thing" regardless of injury. That being said, your boyfriend's chances of recovery without suing wal-mart is probably close to zero.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Possible Law Suit against Wal-Mart?
You certainly have legal rights. In these types of cases the liability or fault of Walmart will rest on the question of how long the ice was there prior to your boyfriend's injury. It must be shown that the ice existed for a long enough time prior to his accident that Walmart had enough time to clear the ice and that their failure to do so was the cause of his accident.
If you'd like a free consultation please call me at (877)692-5291 at your earliest convenience.
Re: Possible Law Suit against Wal-Mart?
Yes, you can take legal action against Wal-Mart. You or your attorney can file a negligence action against Wal-Mart claiming they allowed a dangerous condition to exist in the parking lot. You will have to show that they knew or should have known the condition existed and that they failed to correct the condition.
Bonnie MacDonald
203-966-8855
Re: Possible Law Suit against Wal-Mart?
I hope his ankle heals fully. You never know with joints. I wish him good luck in his recovery.
Regarding your question;
(1) suing for the ambulance is justified and you are likely to recover the full amount.
(2) suing for the medical costs is justified and there is an excellent chance of recovery
(3) suing for the injury is justified. Whether you win or lose will depend on the skill of you lawyer and whether the last snowfall was at least 24 hours earlier. The closer in time of the last snowfall to the fall, the less likely you are to win.
(4) compensation for lost time at work, etc depends on the same factors as number #3.
I hope I have been helpful
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.