Personal Injury Law (Accidents/Slip & Fall)/Slip and fell in walmart


I slipped on water in Walmart there was no sign noting the water and I broke my hip. Had to have surgery and surgeon said I would most likely need a hip replacement. Should I get an attorney and how much should I ask for?


I am sorry to hear about your fall and injury. I am glad that you are getting the medical attention that you need.  

The short answer to your question is that you should contact an attorney immediately. You should seek the counsel of an attorney experienced with supermarket and department store cases in your state. If you need help finding an attorney, you can contact your local bar association.

You ask about the value of your case. Without knowing more details, I cannot comment on the case value. I can share some information on what it will take to build a case and to determine the value of the case.

Proving a Slip and Fall Case against a Department Store

To prevail in a claim against Wal-Mart, you will need to establish two arguments:

1.   You need to show that someone else’s negligence or recklessness caused the incident.
2.   You need to show that you suffered damages because of this negligence.

You suffered a broken hip, which is clear evidence of damages. You say that you slipped on some water and there was no sign warning patrons about the water. You will need to show that the store either caused the water to be there (e.g., a puddle formed when someone was mopping the floor or from a leaky pipe) or that the store know about the puddle (or should have known about it) and failed to clean it up or warn customers about the hazard. The store needed to have known about the water on the floor (in legal terms, this means they had to have notice) and they had to have a reasonable opportunity to clean up the water or warn shoppers of the hazard.

Determining the Value of Slip and Fall Case

The damages suffered in a slip and fall case will vary widely depending on the nature of the injury, the required treatment, the outcome after treatment and the impact on the person’s life. Obviously, a broken hip that requires surgery is a significant injury. You will need to show that the need for hip replacement surgery was due to this incident.

In our practice, we begin by interviewing our clients about their injuries and the impact the injuries have on their lives. If clients missed work or the injuries had other impacts on their lives, we collect supporting documentation such as wage records or testimony about the limits the injury has created. For example, if you cared for young children and can no longer do so because of your hip injury, we would gather testimony from friends and family who could describe that limitation.

We will collect medical records and consult with our medical reviewer to assess the records and to determine the best way to present them. With the analysis of the medical records complete, we research similar cases to determine what the courts have awarded for similar injuries. Just as importantly, we research what the appeals courts have upheld in similar cases. While each case is unique and stands on its own merits, case and trial research provides a foundation for arguments to maximize compensation.

So you can see, determining the value of a case and maximizing the value of a case is quite involved. Once you retain an attorney, your lawyer should be able to tell you the value of your case.

I hope this information helps and that you are able to make a full recovery.  

Personal Injury Law (Accidents/Slip & Fall)

All Answers

Answers by Expert:

Ask Experts


Carol L. Schlitt


I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.


I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

©2016 All rights reserved.