Suing Sam s Club for Slip and Fall Accidents

Each year, thousands of people are the victim of slip and fall accidents. There are a variety of reasons these occur, but most often involve people slipping on a wet surface in a grocery or retail establishment. In some cases, this can be attributed to negligence by store employees when they fail to clean up a spill or remove debris from the aisles.

Proving Negligence in a Personal Injury Lawsuit

A business owner has a specific duty to their customers to keep their premises safe from accidents. When a property owner fails to exercise reasonable care, and a person becomes injured, they can be held legally responsible. In order for Sam’s Club to be held liable for slip and fall accidents, the victim must be able to prove the following:

The employees were a direct cause of the accident by not cleaning up a spill or leaving items in the aisles on the floor where someone could trip over them
That the store employees were aware of the hazard and failed to take corrective action
The store should have been aware of the dangerous condition or provided a warning to their members

It is important to note that the injured victim must prove that the accident happened through no fault of his or her own. In cases where the victim may be partially responsible, their claim for damages may be greatly reduced.

The Many Steps in a Personal Injury Lawsuit

The victims of slip and fall accidents will often wish to pursue litigation when they are unable to obtain a settlement from the defendant. Every state has a statute of limitations in which you have a limited time to file your lawsuit. Therefore, you should commence your lawsuit as soon as possible. Gather all evidence and documentation related to your case. Calculate how much your claim is worth by doing some research on similar types of lawsuits. The basic steps for a civil lawsuit are:

Prepare a summons and complaint—This will also include the list of damages you are seeking.
File the lawsuit in the county courthouse—the plaintiff will pay a filing fee.
Locate and serve all the parties with notice of the suit—The local sheriff or a process server can do this.
Answer to the Complaint—The defendant is required to respond to the summons and complaint.
Depositions—Both sides can ask questions of the other side as well as question relevant witnesses.
The discovery process—Each side ties to obtain facts about the case from one another.
Medical examination— Some states allow the defendant to request an independent medical exam be performed on the plaintiff.
Pre-trial conference—The attorneys resolve any outstanding issues before the judge and obtain a trial date.
Arbitration—A third party hears the evidence and provides a written decision. The plaintiff and defendant may have a specific period of time in which to accept or reject the decision.
Case set for trial—If the case is to be heard by a jury, each side will choose a set of jurors.
Trial begins—Both sides will begin with opening statements about the case.
Evidence—Evidence is presented along with witness testimony.
Settlement—A settlement may be offered by the defendant before a verdict is handed down.
Jury instructions—The judge delivers instructions to the jury.
Jury deliberates—The jury weighs the evidence, discusses the case and returns a verdict.
Appeal—Either side has the option to appeal the verdict by filing a notice of appeal with the court.

Pre-Trial Motions Can Sabotage Your Case

The attorneys for Sam’s Club may have a powerful legal team and request a variety of preliminary motions. These could include:

Motion for a change of venue—This means your lawsuit could be moved to another court in a different county.
Motion for new judge—Attorneys who regularly try cases in civil court may know which judges are more sympathetic to victims and request a different judge who is not.
Motion for removal—Lawsuits are sometime moved from State to Federal court if the defendant can show that the case involves some type of federal law.
Motion to dismiss—The defendant can request the court dismiss the suit for lack of evidence. The attorneys may ask for a directed verdict on behalf the defendant and it will be up to the judge whether to deny or grant such a motion.

How a Lawyer Can Help

Most personal injury lawsuits are settled long before they ever reach trial. However, statistics have shown that victims of personal injury claims have a much better chance of receiving a desirable settlement when they have an experienced personal injury attorney on their side.

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