Walmart Trip and Fall Accident Claims in Florida

Justin Ziegler, Lawyer

8 years ago

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

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.