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Walmart-Lawsuit-ImageThe retail giant is soon to be in the courtroom as the defendant in a negligence lawsuit. According to recent reports, a customer was injured after tripping over a shopping cart that was left in a Walmart aisle in an Orlando Walmart.

Personal Injury Lawyer In Miami

On April 3rd, Linda Massey filed a complaint within the Orange Circuit Court against Walmart Stores Inc., dba Walmart Store #942 in Orlando claiming that on February 5th, 2016, she visited the defendant’s store in which she tripped and fell over a cart that was left in the walkway. The complaint stated that the store failed to use due care to maintain its premises in a safe condition.

According to the report, the defendant sustained bodily injury, pain, and suffering, disability, mental anguish, medical expenses as well as loss of wages. Mrs. Massey is requesting a trial by jury and seeks a judgment against the defendant for damages more than $15,000. The plaintiff holds Walmart responsible stating that they failed to adequately inspect and maintain the walkway and failed to correct or warn the plaintiff of the danger of carts in the walkway.

Miami Attorney

Walmart-Shopping-Cart-ImageMany wonder what constitutes a possible negligence case. There are 4 important factors that must be proven in order to win your negligence lawsuit.

  • Duty – The defendant owed a legal duty to the plaintiff under the circumstances;
  • Breach – The defendant breached that legal duty by acting or failing to act in a certain way;
  • Causation – It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury; and
  • Damages – The plaintiff was harmed or injured as a result of the defendant’s actions.

If you feel that you or someone that you know has sustained injuries due to someone else’s negligence, it may be worth speaking to a Miami personal injury attorney to discuss your possible options. Let the attorneys that care help you with your Miami personal injury case.

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