Legal Question in Personal Injury in Texas

Ankle Sprain!!

About a week ago I was shopping at Walmart and my daughter wanted an icecream cone so I took her to the McDonalds inside Walmart. After she was done I was going to get a napkin and when I turned back to get out the other way I Twisted my ankle. When I told the manager he said, ''Sorry , there's nothing i can do!'' A lady that apperantly woked there but was on her day off ran to get the wet floor sign & went inside Mcdonalds. They then got my information and 4 days later someone called me. the same day of the accident I went to the hoospital and i had a sprained ankle. Now it's getting worse i can't sleep because the lower-half of my body is in pain. And they told me that the lady that was there on her day off had apperantly said that the floor was not wet or dirty. But I swear i'm 99.9% sure it was WET. What do i do now? I don't have insurance to go to the doctor and the pain is getting worse.


Asked on 7/21/07, 4:26 pm

2 Answers from Attorneys

Dan Street Street Law Firm

Re: Ankle Sprain!!

I wanted to answer your question because I get asked about "slip-and-fall" cases every week. It is important for you (and other members of the public) to know how your elected and appointed officials feel about this kind of case. The truth is that Govenor Perry, former Governor Bush, and all of their appointees to the various courts in Texas do not care about helping injury victims. The financial success of the store is far more important to them than your safety. Slip-and-fall cases are, by far, the most difficult cases to prove and win in Texas. The reason is that the law requires that you, as the claimant, must prove these elements:

1) that the store put the water on the floor; or

2) that the store, even if it did not put the water on the floor, nevertheless knew the water was on the floor before your fall; and

3) that the store failed to warn you of the water; and

4) that you were not negligent yourself by failing to watch where you were walking.

Also, remember that the store does not have to disprove anything; it is your burden to prove every element of your case.

If you have any proof that the store knew the water was on the floor before your fall, I would be happy to help you with your case. Otherwise, without this proof, I'm afraid you do not have a case.

If you are thinking that it is almost impossible to win these cases in Texas, you now understand the truth. Our government officials do not want you to be able to win these cases. They want to protect businesses at all costs--even at the expense of the health of our citizens. It's a pity, but, until we shake things up in Austin and throw these bum Republicans out, nothing is going to change.

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Answered on 7/22/07, 3:41 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Ankle Sprain!!

we handle personal injury cases as yours...and from the info you gave, there is no case..because you have to prove the floor was wet and that Walmart knew it before you slipped..but talk to other lawyers...it is not economical for our firm..

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Answered on 7/21/07, 6:11 pm


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