Switch to ADA Accessible Theme
Close Menu
Tampa Car Accident Lawyer
FREE Consultations Available
Tampa Car Accident Lawyers > Blog > Personal Injury > Walmart Wins Slip and Fall Lawsuit Against Florida Woman

Walmart Wins Slip and Fall Lawsuit Against Florida Woman


A Florida mother slipped and fell on a rainy day in a Walmart store. She sued the company, and her attorney asked a Florida jury for over $5 million in damages. The plaintiff claimed that she had incurred over $2 million in medical expenses alone related to her slip and fall injury. She alleged that she had suffered back injuries that required three surgeries and required ongoing pain management.

An attorney for the plaintiff argued that Walmart violated their own policy in failing to give customers umbrella bags. He pointed to surveillance footage that showed customers tracking water into the store and creating a slip hazard. He further claimed that the wet umbrellas created a slip hazard that went unattended for at least 7 minutes. He argued that Walmart employees failed to address the hazard and his client was injured because of that failure. He further stated that a Walmart employee walked through the slip and fall hazard left on the floor without remedying it. Below, we’ll explain how slip and fall injury lawsuits are won and opine on why this case ended up a loser.

Duty of care in slip and fall accidents 

A proprietor has a duty of care to ensure that the premises are safe for their customers. This includes addressing wet floor hazards within the store. In this case, the plaintiff offered two arguments related to Walmart’s negligence. The first argument stated that Walmart failed to give customers umbrella bags for their wet umbrellas. The second argument stated that Walmart knew about the slip hazard but failed to remedy it. In a case like this, the second argument is the most compelling.

In a slip and fall accident, a plaintiff proves negligence by establishing that the employees knew about the hazard and failed to remedy it. In this case, an attorney for the plaintiff was able to establish that a Walmart employee walked through the slip hazard. That should have been enough to establish liability. However, Walmart successfully argued that the hazard had not sat on the ground long enough for Walmart to have constructive notice of it.

It sounds like the plaintiff met their burden of proof. However, you never know what is going to happen in front of a jury. In this case, the jury came down on the side of Walmart even though the plaintiff argued that a Walmart employee had foreknowledge of the slippery floor hazard. The jury didn’t buy it. But if an employee traveled over the slip and fall hazard, that would establish negligence in most slip and fall cases.

Talk to a Tampa, FL Slip and Fall Injury Attorney Today 

If you’ve been injured in a slip and fall accident, call the Tampa personal injury attorneys at The Matassini Law Firm today. We can help you recover damages related to your medical expenses, lost wages, and pain and suffering.



Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay car accident lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa car accident attorneys, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
Toll Free
2811 W. Kennedy Blvd., Tampa, Florida 33609