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Walmart offers a convenient all-in-one shopping experience that saves you from having to drive to a variety of stores to get what you need. While it’s convenient to pick up groceries and other sundry items for your home, automotive, personal, or gardening needs, Walmart occasionally struggles to keep enough staff available to care for its stores. This means your shopping experience may be lacking, and even worse, it may put you in danger of a slip and fall accident.
If you experience a Walmart slip and fall accident, you may not realize that you have the legal right to file an injury claim for fair compensation. However, standing up to Walmart isn’t easy to do on your own. If you have a Walmart slip and fall claim, make sure you work with experienced personal injury attorneys who know how to hold this entity responsible for negligence.
Pemberton Personal Injury Law Firm can help you seek legal recourse for Walmart falls. Suing a store for injuries is always a challenge, and when you suffer injuries from a slip and fall at a large retailer like Walmart, you need personal injury lawyers who know how to file premises liability claims and get you compensation for retail slip and falls. In this blog post, we explain what you need to know about Walmart slip and fall accidents and the steps you need to take.
Understanding Slip and Fall Accidents at Walmart
At your local Walmart store, management is responsible for keeping the premises safe for all guests. Walmart and other retailers have a legal obligation to make sure the store environment is safe. It must uphold this duty by performing regular maintenance to prevent dangers as well as address potential risks that arise.
For example, if a customer drops a jar of pickles on the floor, the store is responsible for cleaning it up in a timely manner. Neglecting to clean it up or put up signage and block off the impacted area can mean that anyone who suffers a slip and fall accident can file an injury claim.
Walmart Slip and Fall Accident Policy Explained
Walmart’s slip and fall accident policy requires proof that it was negligent in providing a safe environment for your shopping experience. A wet floor without proper signage is just one of many examples that lead to such cases. If you can prove that Walmart failed in the duty of care owed to you as a shopper and can prove a clear link between its negligence and your injuries, you may be able to receive a Walmart slip and fall settlement.
However, when you file a personal injury lawsuit for a Walmart slip and fall claim, it is a huge challenge to get fair compensation on your own. Make sure that you speak with a personal injury attorney about your slip and fall case to determine if you have valid legal recourse for your slip and fall injury.
I Slipped and Fell at Walmart – What Should I Do? Steps to Take Immediately After a Slip and Fall astrong>
If you get hurt while shopping at Walmart, the steps you take next may play a vital role in whether or not you are able to secure a slip and fall settlement.
Make Sure You’re OK Before Trying to Get Up
One of the biggest mistakes anyone can make after a Walmart slip and fall is to immediately try to stand up. Take a moment and assess your injuries as well as your level of pain. You might be embarrassed if anyone saw you fall, but that’s human nature. However, if you are seriously injured, these people may be witnesses who can corroborate your side of the story.
File an Incident Report
Walmart and other stores carry liability insurance if a liability claim needs to be made for injuries. If you do suffer a slip and fall, make sure you file a report with the store manager. If you need to file a slip and fall claim, you will have a document of the incident.
It doesn’t matter if you do not think you are hurt at the time – the last thing you want to do is leave the store without a copy of the report. Slip and fall claims commonly result in spinal cord injuries, broken bones, and other common injuries, and they may leave you with mental anguish, pain and suffering, and other non-economic damages. Without a report, you will have an even greater challenge to get compensation for your slip and fall injury from Walmart’s legal team.
Gather Evidence and Speak to Witnesses
When you have a potential slip and fall claim, you will need evidence of what happened. Tripping hazards, spills, and other hazardous conditions may be rectified if you do not document them promptly for premises liability cases. Take photos and videos of the hazard, and get the names of all store managers and the property owner at this Walmart location. In addition to documenting what happened, make sure you get the names and contact information of any witnesses.
Get Immediate Medical Attention
Initially, you may be more embarrassed that you slipped and fell at Walmart than anything else. Despite this, seek medical attention immediately, as prompt care will create medical records that can be associated with the slip and fall incident. You may get lucky and have no injuries at all, but if you wind up needing physical therapy, medications, or even surgery, the documentation of all medical bills and medical costs can be a crucial piece of evidence that you can use when you sue Walmart.
Contact a Slip and Fall Lawyer
Personal injury attorneys with experience in slip and fall cases or a devoted slip and fall lawyer can help you file your claim. They can also escalate the case to a personal injury lawsuit if Walmart’s insurance company offers you too low a settlement for your slip and fall case. Since most slip and fall lawyers offer a free consultation, there is nothing to lose by discussing the specifics of your personal injury case. If you have a serious slip and fall injury, you may be able to sue Walmart to receive compensation for your medical expenses, lost wages, and non-economic damages.
Evaluating the Viability of a Slip and Fall Lawsuit Against Walmart
It is important to note that in some states, you could be partially liable for your injuries. In order to receive fair compensation, you need to show that Walmart had a legal responsibility to provide a safe shopping experience. You also need to prove they failed in maintaining a safe environment at the Walmart store due to a hazard they knew about or should have known about. This danger needs to be the cause of your injuries and the damages you’ve suffered, such as lost income and medical expenses.
You’ll need documentation from your medical records and someone to help you prove liability. Make sure that you schedule a free consultation with a slip and fall lawyer who will fight for a fair settlement on your behalf.
Common Defenses Walmart May Use in Slip and Fall Cases
When it comes to slip and fall claims for lost wages and other damages, Walmart uses an array of common defenses to avoid paying slip and fall settlements.
Lack of Negligence
One of the most common defenses this corporate entity will use is that it took reasonable steps to ensure the safety of its shoppers. It may point to its robust cleaning protocols or usage of warning signs; however, just because this is part of its company policy does not necessarily mean that employees followed through with proper procedures.
Challenging the Specifics of Your Slip and Fall Accident
Another reason you will want an attorney is that Walmart may dispute your account of the accident. Surveillance footage from a nearby security camera can be erased or overwritten, which makes it critical for you to contact a lawyer right away to avoid losing this integral piece of evidence.
Disputing Injury Severity
It is hard to seek compensation that is fair when Walmart minimizes the severity of your injuries. Even if you have adequate evidence and records showing your injuries and their severity, they may still try to give you the runaround on your settlement.
Delaying or Denying Your Claim
The insurance adjuster working for Walmart may stall the claims process. This can make it harder for you to get the money you deserve. In some cases, they may deny your claim altogether, even when it is clear that you were hurt as a direct result of store negligence.
Lack of Causation
Another reason that video footage is crucial is that Walmart will often try to alter the narrative, claiming that a victim’s careless actions caused the fall rather than a hazardous condition at the store.
Partial Negligence
You could even be blamed for the injuries sustained in certain circumstances. They may claim you ignored a clearly displayed warning sign or that you climbed up the shelving to reach an item, leading to your injuries.
The Legal Process of Suing Walmart for a Slip and Fall
At Walmart or any other store, the process of filing your lawsuit will always begin with the steps noted above. You can file a claim for your injury on your own, but in cases that involve a large corporate entity, it is best to protect your legal rights from the start by hiring a personal injury attorney. Most work on a contingency fee basis, which allows you to get their legal representation without paying anything unless they win a settlement or verdict for you.
Remember, Walmart has an entire team of litigators that handle these types of cases on a regular basis. While some people hope to get free money by making false claims, several others have been seriously hurt and left with the long-lasting physical, emotional, mental, and financial impacts of such accidents.
When you have an attorney from the start of your claim, it is less likely that Walmart will try to manipulate you. In the event that Walmart refuses to settle or negotiate for what is fair, your lawyer can then escalate the case to a lawsuit. Most of the time, these cases will settle out of court, but your attorney will be prepared for the event of a trial and be ready to pursue your claim all the way.
How Pemberton Personal Injury Law Firm Assists in Slip and Fall Cases
The potential compensation you may receive for a Walmart slip and fall claim will hinge on how severe and life-altering your injuries are, as well as whether or not Walmart was negligent. As mentioned, it is extremely challenging to hold large entities like Walmart liable for such things.
However, if Walmart failed in its duty to keep you safe, it would face liability. If the actions at the store were particularly egregious, punitive damages may also apply as a way to deter all Walmart locations as well as other stores from similar behaviors.
Pemberton Personal Injury Law Firm understands that slips, trips, and falls are upsetting occurrences, and they can completely change your life. Beyond your embarrassment, you may now have painful injuries, and as you try to treat them, Walmart may not be honest or helpful in getting you the care you need. If your injuries were caused by negligence on behalf of the store, our attorneys will investigate and present compelling evidence to get you the money you deserve.
Schedule a free legal consultation today and learn more about the legal rights you have available. We will examine the unique factors in your case and review your legal options, allowing you to decide the best course of action in your circumstances.