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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I fell at the entrance of Walmart where the poles stick up

Customer Question

I fell at the entrance of Walmart where the poles stick up to prevent someone from running thru the store it is before you step into the parking lot. I fell in a pot hole I am hurting the doctor said I pulled all my muscles on the right side of my body but now I an still hurting my arm is going numb and heavy just had x-rays yesterday if they do not see anything I will have to get an MRI. I am having a hard time finding a lawyer to take my case but I believe I have one.
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Submitted: 8 months ago.
Category: Personal Injury Law
Customer: replied 8 months ago.
I fell on 3/25/16 in the entrance of Walmart in a pot hole the size of a saucer. I fell on my right knee but my whole body is hurting mainly right side. I am still hurting so I went to doctor on 3/31/16 to see what I had done they said I pulled all my muscle on the right side of my body. Now as of yesterday 4/5/16 I am still in a lot of pain I called the doctor back and told him my hand and arm are going numb and tingling he had me come in and do a round of x-rays said if they do not find anything we will do an MRI next. This is miserable I can not function normally right now it is interfering with my life when this was not my fault. Walmart did send someone to Home Depot to get the stuff to repair the hole right then. Does not help me now but at least it is fixed. I was wearing tennis shoes at the time and it was 12-1 in the afternoon. Nice sunny day. I walking then all of a sudden I am on the ground. Please tell me how do I get a lawyer to take my case.
Expert:  Roger replied 8 months ago.
Hi - my name is ***** ***** I'll be glad to assist. The issue with premises liability is to determine whether or not the property owner knew or should have known that there was a dangerous condition (such as a pothole). If so, then you would have to determine whether or not the dangerous was open and obvious or whether it as concealed or hidden. If the dangerous condition was hidden or concealed, then you have a much better claim, legally speaking.
Expert:  Roger replied 8 months ago.
If the condition was open and obvious (which a pothole likely would be), then the court tries to determine how much you're liable for not seeing the pothole and also how liable the property owner would be for not timely repairing the pothole, putting a sign out or a orange cone in the pothole, etc. to warn customers.
Expert:  Roger replied 8 months ago.
Thus, it is possible that a court/jury would find that you had some liability for not recognizing and avoiding the pothole and that the property owner also has liability for failing to adequately warn of the dangerous condition.
Expert:  Roger replied 8 months ago.
As for finding a lawyer, the main reason could be that walmart is NOTORIOUS for refusing to settle cases. That means a plaintiff/claimant's damages must be seriously high in order to justify the expense in suing walmart...because it will be very expensive.
Expert:  Roger replied 8 months ago.
Walmart has plenty of money and will try to create a money pit for the lawyer or you to give up because the expense will outweigh the potential recovery.
Expert:  Roger replied 8 months ago.
So, finding a lawyer to take the case on a contingency could be difficult.....but if you're willing to pay a lawyer an hourly rate, he/she would likely be willing to take the case because the pay is guaranteed instead of speculative based on recovery.
Expert:  Roger replied 8 months ago.
The best resource to find a lawyer by area of practice and location is www.martindale.com. If you go to the site, you can click on "I want to find a Lawyer or Law Firm" and enter the pertinent search information and you'll receive a list of relevant attorneys. But again, the main issue is going to be to establish adequate damages to justify the money a lawyer will have to spend to fight walmart.
Expert:  Roger replied 8 months ago.
If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks!
Expert:  Roger replied 8 months ago.
If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 8 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assistance. Thanks again!