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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I tripped and fell Hard on uneven Pavement at Walmart Dist.

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I tripped and fell Hard on uneven Pavement at Walmart Dist. Ctr In Cleburne,TX. I sprained both wrist and banged my knees and bruised my head. I didn't see the bad pavement because I was walking and talking to the security lady who was on duty at the time. she wanted to see my empty trl after I had unloaded. What do you you think I shoud do?

Carl M HollisXXXXX
Columbus,MS 39702
XXX-XXX-XXXX
Hi Carl,

Thanks for the question. I have a few for you myself:

Were you working while you were there?
If so, who is your employer?
Have you filed a workers' compensation claim?

I look forward to hearing back from you.

-ZDN
Customer: replied 4 years ago.

Yes, I was working. I am a driver that just delivered a load to Walmart D.C.


 


I work for Transport America, Eagan,MN


 


No I have not. I did report the incident to the company and they got me to a doctor to be checked out. I was treated and released.

Thanks for responding.

A slip in fall case where the cause of the fall was a cracked pavement can be very very difficult to prove. In your case, you have to show that you are not only injured (which might be problem since you've been treated and released already), but also that the crack in the pavement was the result of negligence by Wal-Mart.

 

I've sued Wal-Mart several times and can tell you that they they are not an easy company to sue and do not like to settle. So unless you have permanent serious injuries, this probably is not a good case to go forward on. If you do have permanent and serious injuries, then you need to go see a Plaintiff's/personal injuiry attorney in Texas.

 

However, if you want to simply present the claim yourself (which does not have a high likelihood of success), you will need to gather any hospital bills or other expenses you incurred because of the fall, and any missed time at work which caused you a financial loss, and submit this with a letter to Wal-Mart Legal Department at: 702 SW 8th Street, Bentonville, ARNNN-NN-NNNN/p>

 

The letter would state "I slipped and fell on cracked payment at the Wal-mart Distribution Center in Cleburne, TX on _______ (date). I was injured as follows ________________ (describe the injuries). WalMart is responsible for correcting all hazards such as this under premises liability law in Texas. The cracked side walk was indeed premises defect, and as a direct result of Wal-Mart's negligence, I have permanent and serious injuries. I demand _____________(amount of money) to settle my claims. If I do not receive payment, I will file a lawsuit

 

Please let me know if you have further questions.

 

-ZDN

Customer: replied 4 years ago.

Ok I understand. My injury's are not permanent. However it was the main drive that goes into and exits the facility that was the problem. The concrete is uneven as heavy trucks go over it causing the wear on it. the part that I tripped on was about a two inch difference in height..


Walmart should already be aware of this.


 


Carl Hollis


 


Thanks anyway

Hi Carl,

I think for you, the best bet would be to pursue a workers compensation claim for any other doctor's bills you get because of the fall. However, pursuing a case wouldn't likely be successful.

Please let me know if you have any further questions and please remember to rate my answer positively as I won't be paid for my work until you do.

Thanks,
ZDN
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