Slip and fall accidents are common and may result in serious injury. According to the National Floor Safety Institute (NFSI), slip and fall accidents account for more than 1 million hospital visits, 12 percent of total falls. For those aged 65 to 84 years old, falls are the second-leading cause of death. For those 85 years or older, falls are the leading cause of death.
Recently, a widow filed a federal lawsuit against Walmart claiming that her husband died as a result of serious injuries he sustained during a slip and fall accident that occurred at the company’s Jonesville, Michigan store location last May.
According to the lawsuit, on May 27, 2017, 67-year-old James R. Secord was injured as he was exiting Walmart’s automotive department. Allegedly, Mr. Secord tripped on a concrete defect on the floor which caused him to fall. As stated in the lawsuit, Mr. Secord suffered several serious injuries as a result of the fall, including a broken wrist, fractured ribs, blood clots, as well as contusions and abrasions. Mr. Secord died a week after the incident. The lawsuit claims that Mr. Secord’s death was a result of the injuries sustained from the fall at Walmart. It alleges that the company failed to maintain the property properly and were negligent in not addressing the damaged concrete that the deceased tripped on.
On August 17, 2018, Mr. Secord’s wife of 48 years, Pamela Secord, filed a lawsuit against Walmart, seeking compensation for her husband’s death. On October 17, the lawsuit was moved to federal court as Walmart is a national company. The case is being heard in the U.S. District Court for the Western District.
This isn’t the first time Walmart has faced litigation over a slip and fall accident. In November 2011, a jury in Colorado ordered Walmart to pay $15 million to a slip and fall accident victim who became disabled as a result of her injuries and was forced to lose her job as a truck driver. In 2003, a landmark decision was made in the case Lanier v. Wal-Mart Stores Inc. The Kentucky Supreme Court’s decision shifted the burden of proof in slip and fall accident matters away from being part of the evidence the plaintiff must establish to be an affirmative defense on the part of the property owner to show that he or she was not negligent in failing to safely maintain the premises.
If you or a loved one has suffered a serious injury, or a loved one has died as a result of a slip and fall accident in a store, it is important to seek the guidance of an experienced personal injury lawyer. The New Jersey personal injury lawyers of Rinaldo Law Group LLC are experienced in representing clients in serious slip and fall accident matters. For more information or to schedule a consultation with our New Jersey personal injury lawyers, call 1-833-RINALDO (1-833-746-2536).