Slipping and falling can cause severe injuries, including broken bones, strains and sprains, head trauma, and even death. If you fell on another party’s property, such as at Walmart, you should immediately retain a slip-and-fall lawyer. A personal injury attorney representing you when the other party is a large retail corporation must ensure you are treated fairly and obtain just compensation.
If you suffered an injury in a slip-and-fall accident recently on someone’s property, speak to a personal injury attorney immediately in a free consultation.
What Is A Slip-And-Fall Claim?
A slip-and-fall claim is a premises liability lawsuit. Slip-and-fall accidents can happen almost anywhere but most often occur in grocery stores, restaurants, office buildings, and other people’s homes. They may also occur in public spaces like parks, parking lots, and sidewalks.
A slip-and-fall claim accident may happen because of hazardous conditions on the property, such as slick floors, loose floorboards or carpeting, missing handrails, and wet or icy sidewalks. Suppose you suffer injuries in a slip-and-fall accident on someone else's or public property. In that case, you may receive compensation for medical expenses, lost income, and pain and suffering.
A property owner may be liable in a slip-and-fall accident if the party was aware of the danger and didn’t take reasonable action to address it. For instance, if there is a spill in a grocery aisle at Walmart and the owner is aware of it, doesn’t clean it up, or fails to warn others, the store can be liable for damages.
State laws generally require property owners to exercise ‘reasonable care’ in property upkeep for visitors and guests. The level of care you are entitled to depends on your status on that property. There are three visitor categories:
- Invitee: Someone who has implied or express permission to be on the property. For example, customers of an open Walmart are invitees to the property. The property owner has a high duty of care to invitees and must address any hazardous situation they know about on the property. Otherwise, they can be held liable in a slip-and-fall claim.
- Licensee: These are parties with the owner’s implicit or expressed approval to be there. The owner owes the licensee a lower duty of care to warn of hazardous situations that may cause injury, assuming the owner was aware of the condition and the licensee wasn’t likely to know about it.
- Trespasser: A trespasser is a person who enters a property without permission. The property owner generally has no duty of care to trespassers except to avoid intentionally causing them harm.
What Are Common Dangers In Walmart Stores?
Your local Walmart has many potential dangers, and sustaining a serious injury there isn't difficult. The most common slip-and-fall accidents in Walmart involve:
- Wet floors: Walmart floors are regularly cleaned and polished, but frequent spills and leaks can make them even more hazardous. A wet or slippery floor should have a Wet Floor sign, be cleaned up, and be made safe within a reasonable amount of time.
- Inadequate lighting: Replace light bulbs in Walmart stores when they burn out. It can be hard to see if they aren't; accidents are common. Staircases should also be well-lit.
- Weather-related dangers: Anything wet or icy tracked into Walmart can make the floor slippery. The store must reasonably keep floors clean and dry during rain, ice, snow, or hail.
- Inadequate safety features: Many Walmart areas need safety features, including handrails, grab bars, and banisters. Falls are more likely if ramps and stairs lack handrails or have broken ones.
- Parking lot problems: Walmart parking lots must be maintained and cleaned during bad weather. Falls can occur in parking lots because of cracks, potholes, broken steps, and wet or icy weather.
- Warning signs: When cleaning or maintenance, place warning signs on the floor. The store has a legal duty to warn customers of obvious dangers.
- Improperly stacked merchandise: Walmart might stack items too high on customer or storage shelves, which can be a serious hazard. Display and store all merchandise safely to reduce the chances of items falling and injuring a customer.
Why You Should Hire A Slip-And-Fall Lawyer After An Accident At Walmart
Walmart is one of the biggest retail stores in the world. There are thousands of these stores around the US, and slip-and-fall claims are common.
Walmart is large, with thousands of customers coming and going daily. Every location has thousands of square feet of floors and parking lots, so accidents can happen anytime. Over the years, Walmart has been sued thousands of times for slip-and-fall accidents.
Many companies are building larger Walmarts today than ever before. Many have huge grocery sections, so the risk of a slip-and-fall increases as the store footprint increases. The larger the store, the higher the risk of accidents. If one happens to you, retain a slip-and-fall lawyer right away.
Walmart Doesn’t Use Third-Party Insurance
An interesting aspect of Walmart’s business is that it doesn’t rely on third-party insurance; it is self-insured. This means obtaining compensation in a slip-and-fall claim is more difficult for you, the injured party.
Walmart runs its insurance program. It might seem like a customary insurance claim if you file a claim, but you are filing with a Walmart division that handles insurance claims.
Self-insurance allows businesses to manage the legal and claims process more closely, giving Walmart a direct incentive to minimize or reject slip-and-fall claims. Walmart’s self-insurance policy means hiring a slip-and-fall attorney to represent you in your claim is vital. Walmart employs a team of seasoned attorneys dedicated to paying less in claims than necessary and denying legitimate claims if they can. Walmart has billions in revenue and vast financial resources, making receiving fair compensation difficult. But a skilled slip-and-fall attorney can make all the difference.
How Walmart May Be Liable For Your Slip-And-Fall Accident
Suppose you slip on an olive oil spill in the baking section at Walmart. It will likely be easy to prove liability. Not necessarily, especially with Walmart’s team of attorneys on the case. However, there are several ways your personal injury attorney will attempt to hold Walmart liable for your injuries:
- Walmart failed to maintain safe premises: The company has a duty of care to keep its premises safe for customers. If the company doesn’t promptly address a spill in the aisle or other hazard, the firm should be held responsible for your damages.
- Walmart failed to warn of hazards: If a spill occurred on the floor in Walmart, the store should have placed a warning sign before cleaning it up. If there was no sign, you may have a failure to adequately warn the claim.
- A Walmart employee was negligent: Suppose a Walmart employee broke a bottle of cooking oil on the floor and simply forgot to clean it up. This is employee negligence; the employer is vicariously liable for their negligent actions.
When you suffer an injury at Walmart and receive medical attention, your next step should be to call a lawyer as soon as possible. A lawyer can guide you through the legal process, secure fair compensation for your medical expenses, pain and suffering, and lost income, and protect your rights throughout the claims process.
A Common Walmart Tactic - The Fast Settlement Offer
Suppose you slip and fall in your local Walmart. The store manager gets your name and phone number. Don’t be surprised if you receive a phone call from a Walmart insurance adjuster an hour after the accident. They may ask how you feel and record your statement. Then, they can offer a fast settlement to pay your medical bills. Maybe they’ll offer a couple thousand dollars for your inconvenience.
This is a slick tactic, but you shouldn’t ever fall for it. Walmart insurance representatives want to reduce liability by closing the case before you call a slip-and-fall attorney. The money offered can sound like a lot, but it is probably much less than your case is worth.
Taking the settlement means accepting a legal offer without a personal injury attorney reviewing it. You are likely not receiving compensation for your pain and suffering, lost income, and all of your medical bills. You might need more medical care and rehabilitation than you originally thought and discover that Walmart won’t cover everything.
Remember, you have yet to learn the full value of your case immediately after your slip and fall. You also haven’t consulted an attorney. So, politely decline to speak to anyone from Walmart’s insurance department until you retain a slip-and-fall lawyer.
A Slip-And-Fall Lawyer Will Maximize Your Compensation
Once you retain your attorney, your slip-and-fall lawyer will directly negotiate with Walmart. These insurance negotiations ensure you get fair compensation for your medical bills, lost earnings, and pain and suffering.
You can always bet that Walmart will attempt to pay less than you deserve. However, your personal injury attorney will have the skill, tenacity, and experience to accurately value your claim and aggressively negotiate with the insurance adjuster. Your slip-and-fall lawyer will safeguard your rights and maximize your compensation, giving you everything you are entitled to.
Walmart Isn’t Afraid To Battle In Court
Even after extensive settlement negotiations, Walmart may need to offer you more. In this case, your attorney may recommend filing a lawsuit and going to trial. Again, you are up against Walmart’s attorneys, not those of a third-party insurance provider.
Facing Walmart in court is challenging. The company is massive with deep pockets. It has the financial wherewithal to defend against a slip-and-fall claim. The company will have excellent defense attorneys and engage in creative legal strategies to torpedo your case if possible. The bottom line for Walmart is always saving money and the company's reputation.
You cannot possibly come out on top in a claim or lawsuit against Walmart with an excellent slip-and-fall attorney representing you. The best attorney will fight for your legal rights and never back down, no matter how rich and powerful the defendant is.
What Is Your Walmart Slip-And-Fall Claim Worth?
It depends on many factors. A serious slip-and-fall accident can be worth a lot, while a less severe case can be worth less. Common factors in slip-and-fall claims that influence compensation are:
- How bad is the injury? Did you slip, fall, slam your head into the floor, and break your leg? You probably have multiple injuries, including possible head trauma and brain injury. This case will be more valuable than if you simply broke your ankle. Recovering from severe injuries takes longer, costs more, and is more painful. Chances of permanent or long-term disability are high, too.
- How much are your medical bills? A serious head injury can involve hospitalization, multiple surgeries, a stay in the ICU, rehabilitation, and more. Your medical bills can be hundreds of thousands of dollars. Slip-and-fall claims with high medical bills are worth the most.
- How much pain and suffering do you have? A serious fracture can take months to heal and can be very painful. Some serious compound fractures require surgery to stabilize the injury, and these procedures can be excruciating. Cases with high pain and suffering have a higher value.
- How much insurance does Walmart have? Walmart is self-insured, so there isn’t a third-party insurance company involved. However, you know that Walmart has nearly infinite financial resources and can afford to properly compensate you.
- Did you get prompt medical attention? Getting fast medical care is important after a slip-and-fall accident for many reasons. You want to get fast treatment to improve the outcome. Also, Walmart will question your injury and offer lower settlements if you wait days or weeks to visit your doctor.
Contact A Slip-And-Fall Attorney Today
Did you slip and fall at Walmart or another retail store recently? You can be entitled to compensation for your losses, but don’t attempt to settle your claim without an attorney. The defendant’s insurance company won’t fairly compensate you unless you have a premises liability attorney in your corner. Speak to an experienced slip-and-fall attorney in your city today for a free consultation.