10 Steps to Winning Your Case Against Walmart

Keep the Clothes and Shoes You Were Wearing

A favorite topic of slip and fall defense lawyers everywhere is “what type of shoes were you wearing?” The idea is that generally you will be blamed for wearing inappropriate shoes such as clogs or flip-flops, depending on the weather. If you have the shoes, keep them. Or take a cell phone photograph. Do not wear them until after you have settled your case if possible.

Ask to Fill Out an Incident Report Immediately or the Next Day if You Forget

After you fall, fill out an incident report or insist the business provide an incident report if you are physically able to do so. Notify a manager and insist upon an incident report to be provided. It’s important to document what happened. Write down the names of the employees or manager you are talking with. Find “witnesses” or people who saw you fall and get their names and addresses or telephone numbers. Ask for help. Don’t be afraid. Ask family members to seek out witnesses if they are present with your during your fall. Typically, witnesses have no bias and can help immensely. Write down any acknowledgements of the dangerous condition like substances or liquids or other problems on the floor or land. Write down if the problem was old or new. Write down any apologies. While such admissions cannot always be used at a jury trial, we can always refer to these statements during settlement negotiations.

Don't Say Much - Keep Your Words to a Minimum When Talking to Store Manager or Investigator

Immediately after a slip and fall, you need to keep your wits about you. Slip and fall victims are often rattled by what has occurred. They tend not to realize what they or those around them are saying or doing. Maintaining focus after a slip and fall can make the difference between a win and a loss in court. At the scene, you should keep talk to a minimum. Feel free to be gracious and accept offers of help. Refrain from talking about how the fall happened, laying blame, or making immediate demands. In the weeks after, you may be approached by insurance adjusters and attorneys from the property owner or responsible party. Do not talk to any insurance representatives or give a statement in the days or weeks after the fall. It’s designed to be used against you later. Many people think they can “explain” or “win” their slip and fall case themselves. It can’t be done. Don’t try it. Instead call Shaw Law immediately and we will schedule your statement or deposition later.

Take Cell Phone Photos Immediately or the Next Day

Inspect the area where you fell as soon as you can after the fall. These cases always seem to have widely differing viewpoints by participants as to the condition of the land. Photos can make the difference between a win and a loss in court. At the scene, photograph where you fell if you can. If you are in the hospital, have a family member or friend photograph the condition of the land if possible. Dangerous conditions like snow, ice, holes, or cracks in pavement can get fixed quickly. Do what you can.

See Your Doctor, Keep All Appointments and Get Better

Even if your injuries aren’t severe, you should still see a doctor. Even pre-existing injuries are compensable in Indiana for the aggravation of that condition. Don’t assume just because you had a problem in your past with an injury or condition that you are prevented from recovering compensation. Most slip and fall injuries are not immediately visible but your doctor will know what to look for. Your doctor visit will also create useful medical documentation. Keep records of any follow-up appointments or treatments, including physical rehabilitation. Medical documentation provides a link of causation between the accident and your injury. You must prove that the injuries resulted from the fall.