JZ helps (a Florida injury law firm)

Call Now! (888) 594-3577Get a Free Consultation - 24 / 7
Se habla Español
Call Now! (888) 594-3577
Get a Free Consultation - 24 / 7
Se habla Español


  • Home
  • Videos
  • Blog
  • Settlements
    • Injury Settlements
    • Car Accident Settlements
    • Slip, Trip & Fall Settlements
    • GEICO Car Accident Settlements
    • Rear End Car Accident Settlements
    • Motorcycle Accidents Settlements
    • Truck Accident Settlements
    • State Farm Settlements
    • Uber Accidents
    • Progressive Insurance Settlements
    • Bike Accident Settlements
    • Pedestrian Hit By Car Settlements
    • Uninsured Motorist Insurance Settlements
  • About Us
    • About Us
    • See Inside
    • Types of Injuries We’ve Dealt With
    • List of Cities Where We’ve Settled Cases
    • Press Room
  • Fees
    • Our Fees
    • Referral Fees
  • Cases We Handle
    • All personal injury cases
    • Car Accidents
    • Truck Accidents
    • Uber Accidents
    • Slip and Falls and Injuries on Property
    • Cruise Accidents
    • Florida Motorcycle Accidents
    • Pedestrian Accidents
    • Accidents at a Store
    • DUI Accidents
    • Accidental or Wrongful Death
    • Florida Condo and Apartment Accidents
    • Hotel Accidents
  • Get a Free Case Review
  • Reviews
You are here: Home / Slip, Trip and Fall / Walmart Trip and Fall Accident Claims in Florida

December 4, 2015 By Justin Ziegler, Lawyer Leave a Comment

Walmart Trip and Fall Accident Claims in Florida

Trip fall warning sign

If Walmart’s negligence caused you to trip, fall and get hurt, you may have a case.  This article focuses on Florida cases.

Trip and fall cases are very similar to slip and fall cases against Walmart in Florida.  The big difference is that trip and falls involve catching your foot on something and stumbling or falling.

A slip and fall involves sliding unintentionally for a short distance, typically losing one’s balance or footing.  Let’s take a look at an actual Florida Walmart trip and fall case.

Shopper’s Trip and Fall on Plastic Claim Can Continue Against Walmart

On July 12, 2012, Ervin A. Babalola was an invitee at the Wal-Mart Supercenter on US Highway 19 North in Pinellas County, Florida (Wal-Mart).

According to Babalola, while walking in the store, he tripped when his foot caught on plastic that had been removed by employees from a pallet full of stock, which had been left in a space between the pallet and a freezer, or bunker, that sits out on the floor of the store away from the wall.

Walmart moved for summary judgment (tried to get the case dismissed).  The court did not dismiss the case.

The judge said that while the pathway covered by plastic appears to be an open and obvious danger of which the customer was aware, the evidence is not so clear as to whether there was an alternative route he could have taken to avoid the danger, and whether reasonable care was exercised in the condition of the area in question while stocking.

The United States District Court, M.D. Florida, Tampa Division issued an order on January 15, 2015.  As Walmart usually does in Florida, it likely removed this case from state court.

Here is the Babalola court order.   The case is Babalola v. Wal-Mart Stores East, LP d/b/a Wal-Mart Supercenter Store #1390, Dist. Court, MD Florida 2015.  I have handled many Florida store trip and fall claims.  However, this is not my case.

Below are some other possible dangerous conditions that may cause your trip and fall on Walmart’s premises.

Trip over a wheel stop (in the parking lot) and fall

You may have a case if you trip on a wheel stop of a Florida Walmart or other store parking lot and you get hurt.
Wheel stops in a parking lot.

A customer may have a case if he trips on a dangerous wheel stop in a Walmart parking lot.  For a shopper to have a case, there needs to be something dangerous about the wheel stop.

For example, a metal bar may protrude horizontally or vertically from a wheel stop.  That would likely be considered a dangerous condition.

Your foot may get caught on it when stepping over it.  If you get hurt from this, you may have a personal injury case against Walmart or the parking lot owner/operator.

Other trip at falls at Florida Walmart stores may be caused by:

Uneven Sidewalk or Pothole

An uneven sidewalk or pothole in a Walmart parking lot may cause a trip and fall accident.  If so, you may have a case against Walmart. Walmart will argue that you should have been looking where you were going.

In most of these types of trip and fall cases, you should be able to prove that Walmart should have known of the dangerous condition because uneven sidewalks and potholes do not happen overnight.

Bunched up rug under a soda machine

If you tripped and fell on one of these things, then you still need to show that Walmart knew or should have known that the object that caused you to trip was on the floor before you fell.

If you trip over a stocking cart that was moved close to you without warning by a store employee, then it is easier to prove that Walmart knew that it was there before you fell.  This is because a jury can draw an inference that only an employee would have been able to have access to the stocking cart and put it there.

If you trip and fall on a bunched up (raised) rug or carpet, then you have to prove actual or constructive notice of this dangerous condition before you fell.

Bunched up (Raised) Rug or Carpet

You could argue that Walmart should have known that the rug was “bunched” by arguing that it should have been secured to the floor. Walmart will most likely argue that they had no notice that the rug was sticking up.

Similar to all cases against Walmart, store surveillance may be a great help in proving that Walmart knew or should have known that the thing that you tripped over was there before you fell.

Ask Walmart immediately in writing to preserve the entire store video for the entire day of the incident.  Do not just ask Walmart for video that shows your trip and fall.

Remember, in Florida, you need to prove that Walmart knew or should have known that the dangerous condition was on the floor before your fall.

Other trip and falls at Walmart may be caused by the following:

  • A bunched up runner rug or mat
  • A stocking cart that you trip over.
  • Trip and fall on a box or container.
  • A display sign that has fallen to the ground.

More articles on Florida injury claims with Walmart?

  • Slip and fall claims against Walmart in Florida
  • Accident claims against Walmart in Florida.
  • Slip and fall on clear water claim against Walmart in Kissimmee, Florida
  • Slip and Fall on Slippery Substance Claim against Florida Walmart Dismissed
Call Us Now!

Call us now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year. 

No Fees or Costs if We Do Not Get You Money

Zero Fee or costs if no recovery.

We speak Spanish. We invite you to learn more about us.

Related

Filed Under: Slip, Trip and Fall

I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Serving Florida

Get a Free Consultation. JZ helps (a Florida injury law firm)

Get a Free Consult Now

Complete this form to see if I can represent you. We usually respond fast.

"*" indicates required fields

Name*
MM slash DD slash YYYY
We only represent people for injury or death that happened in Florida (or on a cruise). However, if you live in Florida and the incident happened in another state, we may be able to represent you.
If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you.
Select your most serious injury.
For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc.
Drop files here or
Max. file size: 50 MB.
    By submitting this form I agree to the Terms of Use.

    We’re Open!

    No Fees or Costs if No Recovery

    Florida Injury Lawyer

    Personal injury lawyer Justin "JZ" Ziegler has recovered over $15 Million in settlements for people seriously hurt in accidents in Florida (or on a cruise).

    We want to represent you. Our office is in Coral Gables (Miami-Dade County), Florida. However, we can meet you anywhere in Florida. Call (888) 594-3577 for a Free Consultation Now!

    Search

    Florida Injury Case Types

    • Auto Accident Claims
    • Cruise Accident Claims
    • Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP)
    • Foot and Ankle Injury Claims
    • Hand & Wrist Injury Claims
    • Herniated Disc Claims
    • Lyft accidents
    • Personal Injury
    • Premises Liability
    • Shoulder Injury Claims
    • Slip, Trip and Fall
    • Spinal Injuries
    • Truck Accident Claims
    • Uber Accidents
    • Uninsured Motorist Claims
    • Wrongful Death Claims

    Connect With Us

    • Facebook
    • YouTube

    2010

    Super Lawyers

    2005 & 2006 Up & Coming 

    Interviewed by:

    WSVN 7 Miami

    Miami Herald

    NBC6

    CNNwall street journalQuoted in:
    Miami New TimesTBO - Tampa Tribune

    Telegraph

    Member of:Florida Justice Association

    Florida Justice Association, and Florida Bar

    Subscribe to Blog via Email

    Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    We Handle:

    Car accidents, slip and falls, motorcycle accidents, Uber accidents and more.

    We’ve settled many cases with GEICO, State Farm, Progressive, USAA and others.

    We’ve settled cases for people who’ve injured their shoulder, hand, broken a leg, arm, foot and much more.

    Disclaimers

    Follow Us

    • Facebook
    • YouTube

    Attorney Justin “JZ” Ziegler

    Get a Free Consultation Now!

    We’ve had over $11 million in injury settlements for accidents in Miami, Homestead, Hialeah and throughout Florida.

    We’ve settled many personal injury claims in Miami.  However, we’ve also settled cases throughout the entire state of Florida.  This includes several settlements for over $195,000 for accidents that happened in Fort Lauderdale, the Orlando area, Clearwater, Pensacola and other cities.

    Contact Us

    JZ helps (a Florida injury law firm)
    1450 Madruga Ave., Suite 306B
    Coral Gables, Florida 33146

    Our office is near the University of Miami.  Serving all of Florida.

    1-888-JZ-Helps (1-888-594-3577) or 305-661-9977

    24 hours / 7 days a week

    En Español

    We’re also proud of our results in other parts of the state (as well as the Miami area).  Therefore, I call myself a Miami injury lawyer who serves all of Florida.

    Copyright © 2023 · JZ helps (a Florida injury law firm)