Walmart Loses $1 Million Slip-and-Fall Case
A Jacksonville woman won a substantial lawsuit against retail giant Walmart for a slip-and-fall that occurred in one of their Jacksonville stores. This case is a major win for injured plaintiffs because a victim was successful against the major retail chain and for the significant compensation given by the jury in this case.
Facts of the Case
Valerie Dantzler was in the Northside Jacksonville Walmart in 2005 for about an hour and a half before she went to the cashier to pay for her items. There was a price discrepancy on one of her items, and when she returned to that department to check the price she slipped and fell on a wet spot on the floor.
Two weeks prior to the accident Ms. Dantzler had surgery on her shoulder for a pre-existing condition and had a follow-up visit the day before her slip-and-fall accident in Walmart. At that appointment, she had no complaints about her shoulder after the surgery. However, the accident inside the retail store caused irreversible nerve damage to her recovering shoulder.
Lawyers for Walmart claimed that safety sweeps were conducted inside the store but had destroyed the security tape that would prove or disprove their claims. In addition, the Walmart employees did not check on Ms. Dantzler’s claim that the floor was wet when the accident happened.
The case went to trial, and the jury returned with a $1 million verdict in favor of Ms. Dantzler as well as a finding that Walmart was 80 percent responsible for her accident. As a result, she received $800,000 in total judgment for her slip-and-fall that included $195,000 for past and future medical expenses, $220,000 in past and future lost wages and $585,000 in past and future damages for pain and suffering.
Typically, large retailers like Walmart tend to try slip-and-fall cases instead of settling claims in order to discourage frivolous lawsuits from being filed against the company. In most cases, the jury finds in favor of the retailer and against the slip-and-fall victim. In this case, however, Ms. Dantzler won a significant verdict because she was able to prove that this accident not only occurred but has affected her ability to earn future wages.
The National Insurance Crime Bureau reported that the number of questionable slip-and-fall claims has been increasing over the years. There were 325 claims submitted to the bureau in the first quarter of 2008, 565 claims in the fourth quarter of 2009, and 997 claims submitted for review for the first half of 2010. However, Ms. Dantzler’s case was different than most because her case was highly believable.
Call a Personal Injury Lawyer Today
If you have have been injured in Jacksonville, Tampa, Fort Myers, Orlando, or the West Palm Beach area, the experienced personal injury lawyers at The Pendas Law Firm are here to help. We are prepared to assist you in recovering compensation.