It’s All About the Notice!

Kyle Joseph Scott
Newport Beach Slip and Fall Accident Lawyer
2 Lawyers agree

Answered 16 days ago. The consensus is that absolutely you need a lawyer on a slip and fall case. Wal-Mart is going to argue that they did not know that the water was in the check out line and that they did not cause the water to be there. The legal issue is notice and the California case law set forth in a CA Supreme Court case Ortega v. K-Mart says that if a retailer fails to keep periodic records of inspections (sweep sheets) and the jury finds the retailer to be negligent in maintaining its premises then that finding will not be disturbed on appeal. That does not mean that you will win your case even if Wal-Mart does have sweep sheets for this incident. They will argue that their employees engage in a process of “zone defense” where if they see it then the pick it up. Slip and fall cases rarely settle prior to filing a lawsuit. Your attorney will litigate in order to establish whether they had notice or should be charged with constructive notice. Your attorney may be able to help you find doctors that would evaluate you and treat you on a lien basis. So you would not have to pay those doctors until your case was settled or you received a jury verdict. Whether you pursue your claim or not, you need to get the health care that you need to live a healthy, productive life. I wish you the best with your claim. Kyle Scott

Kyle Scott Law Firm