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Personal Injury Law (Accidents/Slip & Fall)/injured at walmart carring my great grand daughter


we was walking into the tire section at the walmart in florida its was busy and the had a flat cart sitting right by the fiance was carrying the baby and did not see the cart they fell over top of it the baby wasn't hurt but he ripped up his leg and had blood running down it.i took the baby and he went to clean his leg.NO ONE ask if they was okay but the minute he got up off the cart they moved it into another room.we filed a accident report and went to the hospital luckily it was just torn skin this happen in feb.of this year it was his birthday.they just called him yesterday and want to pay him 2500.00 and he pays the doctor bills.what I am asking is that a fair price what happen. we was there with the baby for vacation it ruined on vacation and we left and went back to Michigan


I am sorry to hear about the injury your fiancé suffered and the way it ruined our time in Florida.

What you describe is a negligence case and there are two parts to every negligence case: liability and damages. Liability concerns the amount of responsibility the Wal-Mart should bear for causing this incident. They did put the cart in an inappropriate place, but in trip and fall cases, the victim often bears some responsibility for not avoiding the fall. In this case, your fiancé might bear some liability for not avoiding the cart. Florida does allow comparative liability, meaning both the Wal-Mart and your fiancé could bear some liability in this incident. I would need more facts to do a better assessment of liability.

As for the damages, I am glad that your fiancé did not suffer a more serious injury. Your damages would include pain and suffering as well as uncovered medical expenses. I would need to know more about the injury and what similar cases bring in Florida.

What you describe does not sound like a major injury so it will not bring a large settlement offer. If you are concerned, you should consult a personal injury attorney in Florida. An offer of $2,500 does not sound unreasonable if it was just torn skin, but again, I do not know the extent of the injury or the value of similar cases in Florida.  

Personal Injury Law (Accidents/Slip & Fall)

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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.

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