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I fell in Walmart parking lot due to a crack in the

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pavement. I injured my left...
I fell in Walmart parking lot due to a crack in the pavement. I injured my left knee and right ankle. Walmart said they were not liable. Do I have have a claim?
Submitted: 10 months ago.Category: Legal
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Answered in 8 minutes by:
9/30/2017
Lawyer: ScottyMacEsq, Attorney replied 10 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,165
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm very sorry to hear about your situation. First of all, you need to know that in any premises liability situation (such as this one) the jury is going to have an opportunity to assign "proportionate responsibility". That means that if the jury thinks that you're 50% at fault (for not seeing the crack, etc...) then any award is going to be reduced by about 50% (the amount that they determine that you're liable for). Walmart will be arguing strenuously that you're liable for something. So even IF they're liable, it's something that is going to be reduced by what the jury in your case determines to be your proportionate fault (if any).

The thing that is more damaging to your case is that this is Walmart. Walmart is famous (or notorious, depending on your frame of reference) for having an extremely hostile "litigation strategy". That means that they will take any case that is brought against them to the Supreme Court if necessary. They don't settle. They appeal. It doesn't matter whether or not they're at fault. They'll throw millions of dollars at a thousand dollar case. But the reason that they do this is that pretty much ANY "contingency fee" lawyer will not take a case against Walmart. And I invite you to try to find an attorney that will sue Walmart in your situation. If it were any other company, you might have a case. But as it's Walmart, any attorney is going to look at that and say "no thanks" (unless you're willing to pay hourly, rather than on a contingency, AND willing to fight this case for many years through the original trial, judgment, appeals, etc... process). The fact that it's Walmart means that you'd have to have a GREAT case, that results in a LOT of damages, and even then you're going to be waiting a very long time to see a penny. AND you're going to most likely have to pay out of your own pocket, as almost all attorneys do not take such cases on contingency. In short, you're probably not going to see a cent from Walmart, and if you do, it's many years after you've spent a lot of money on your own to get there.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 10 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Please note that I am still waiting for your response or rating...

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