You can slip and fall pretty much anywhere you go, but these accidents often happen in hypermarkets, supermarkets, and grocery stores like Walmart. The company has more than 4,600 retail units across the United States and is the most popular grocery store chain nationwide.
However, with its many aisles stacked with thousands of items, Walmart can present numerous hazards to shoppers and customers. One of those hazards is the risk of slipping and falling in the store.
A slip and fall accident at Walmart can lead to life-changing injuries and subsequent legal claims from injured victims to obtain compensation from Walmart.
Unfortunately, Walmart often makes the claims process more challenging than necessary, so you may need a slip and fall lawyer.
Here, we will discuss why you want to hire a lawyer after a slip and fall at Walmart and explain how a St. Louis slip and fall attorney can help your injury claim.
Common Causes of Slip and Fall Accidents at Walmart
Statistically speaking, falls are a leading cause of accidental non-fatal injuries and deaths in the United States. One of the most common reasons people fall is when they slip due to the presence of a foreign substance on the floor or ground. While many of these accidents occur at home, some happen outside or on private and business properties like Walmart.
Many hazards cause slips and falls at Walmart, including:
- Unattended spills of products, drinks, or other liquids. Aisle after aisle stacked with products means the accidental spill from a broken jar or a knocked-over milk carton is not uncommon. When such spills are left unattended, they become a slippery trap for unsuspecting customers.
- Freshly-cleaned tile floors. Conducting regular maintenance is both crucial and a legal requirement in high-traffic commercial properties like Walmart. However, walking over a freshly mopped tile floor without adequate warning is as good as stepping onto an ice rink.
- Poor lighting. In the aisles of a Walmart, dimly lit areas can prevent customers from noticing slip hazards on the ground, turning a safe walk into a potential hazard zone.
- Absence of warning signs around hazards. A “Caution: Wet Floor” sign is a universal symbol for warning customers of a slippery floor. Without these visual cues, customers may proceed normally and find themselves slipping on an unseen danger.
- Debris or clutter on the floor. On properties like Walmart, crumpled packaging or fallen merchandise can cause an unexpected tumble when underfoot.
- Fresh rain, puddles, or melted ice on slick surfaces. Mother Nature can also contribute to Walmart slip and fall accidents. Rainwater, snowy slush, or the unassuming puddle by the entrance can transfer from customers’ shoes to the floor inside the store, setting the stage for a slip.
Liability in Walmart Slip and Fall Cases
Walmart may try to avoid responsibility for some slips and falls on its properties as you – as the injured victim – will still need to establish the store’s liability.
When a slip and fall accident occurs, the first step you will need to take to seek compensation for your injuries and resulting damages is identifying liability.
The owner or lawful occupant of the premises where a visitor (or a customer in the case of Walmart slip and fall) suffers an injury typically holds full or partial responsibility for the accident. Property owners like Walmart have a legal duty to ensure the safety of their visitors and customers.
In any slip and fall accident, liability should be determined on a case-by-case basis because no two accidents are alike. Generally, if the injured victim or their lawyer can prove that the store or its employees failed to provide a safe environment or warn of potential hazards on the property, Walmart can face liability for the victim’s injuries and damages.
However, just because a slip and fall accident occurs at Walmart does not necessarily mean that Walmart is the only possibly liable party. Liability may also extend to third parties like independent contractors working in the store or manufacturers of defective products that cause injuries to customers.
Every unique case requires an in-depth understanding of premises liability laws. That is why you must contact a slip and fall attorney to investigate the accident, determine Walmart’s liability, and pursue a successful claim for compensation.
Methods Used By Companies Like Walmart to Reduce Payouts to Injured Victims
As mentioned earlier, you shouldn’t expect filing an injury claim against a large company like Walmart to be easy. The company may employ various methods to deny claims filed by injured victims or pay them as little as possible.
Some of these methods include:
- Arguing a lack of negligence on its part. One of the primary strategies Walmart uses to minimize the amount of money it pays to people injured on its properties is to argue that the company and its employees were not negligent. In personal injury law, plaintiffs establish negligence by demonstrating a duty of care, breach of duty, causation, and damages for a claimant to receive compensation. By maintaining that its stores adhered to safety protocols and that any risk was not foreseeable, Walmart can evade liability unless you can prove otherwise.
- Challenging the specifics of the accident. Disputing the claimant’s account of the accident is another tactic companies like Walmart employ. This might involve questioning the circumstances under which the injury occurred or arguing that the victim’s own negligence (e.g., not paying attention to the surroundings) contributed to the slip and fall.
- Refusing access to surveillance footage. Walmart controls the evidence that can be critical to a claimant’s case, notably surveillance footage. They remove some of the strongest pieces of evidence from the equation by refusing access to this footage or claiming that the relevant footage does not exist or was not recorded.
- Disputing the severity of injuries. Even when the victim and their lawyer clearly establish liability on Walmart’s part, the company might still downplay the severity of the injuries suffered by the victim. By minimizing the extent of the injuries, Walmart can justify its lower compensation amount. This may require the victim to submit extensive medical documentation to prove their injuries are as severe as they claim.
- Making a quick lowball settlement offer. Large companies like Walmart often present a quick settlement offer early in the process, which is often much lower than what the victim is entitled to receive. Victims facing immediate financial pressure – mounting medical bills coupled with their inability to work – may accept such offers. When they do, this allows Walmart to settle claims at a fraction of their potential worth.
- Delaying the claims process. Another method involves simply delaying the claims process. By extending the process, the victim may feel pressured to settle for less than they deserve due to financial hardships. This delay tactic can also take advantage of statutory limitation periods, after which the victim can no longer pursue a claim. The statute of limitations varies from one state to another. In Missouri, for example, injured victims have five years from the date of the injury to initiate legal action against the negligent party.
If anything, these strategies underscore the importance for victims of slip and fall accidents at Walmart of understanding their rights and seeking prompt assistance from a lawyer to ensure fair treatment and just compensation.
Reasons You Need to Hire a Slip and Fall Attorney When Dealing with Walmart
A corporate giant like Walmart has all the resources it needs to defend various legal claims filed by their customers, including slip and fall claims. Walmart’s website states that the company uses self-insurance to protect itself from liability claims.
As you might imagine, handling a legal claim against Walmart is likely to become your nightmare because the company deals with such claims daily and, as mentioned earlier, uses all kinds of methods to deny and undervalue liability claims.
Below are some of the key reasons why you do not want to deal with Walmart without a slip and fall lawyer:
- Walmart has immense financial resources. Walmart is worth hundreds of billions of dollars and allocates some of its resources to fight against liability claims.
- Walmart has teams of skilled lawyers. With its immense financial resources, Walmart retains teams of lawyers who help the company avoid liability in cases where customers get injured.
- Walmart works to minimize costs. As with any other profit-driven company, Walmart focuses on minimizing costs as much as possible. This translates to denied and undervalued liability claims.
- Walmart does not care about you. Even if a Walmart representative who handles your injury claim seems friendly and empathetic, the truth is that you are nothing but a number to the company. The only thing that a large company like Walmart cares about is resolving your claim as soon as possible and for the lowest amount possible.
These are some of the facts you need to keep in mind the next time you hesitate to hire a lawyer to handle your injury claim against Walmart.
How a Slip and Fall Lawyer Can Help You with Your Case Against Walmart
Many people who choose to represent themselves in injury claims against corporate giants like Walmart do not seem to fully understand what the process of obtaining compensation entails.
Depending on the specifics of your case and your needs, a slip and fall attorney can:
- Advise you on your legal rights after the accident. First and foremost, a lawyer can provide crucial legal advice about your rights at a time when you have no idea how to proceed and what your options for compensation are. Understanding what you are entitled to is essential before beginning your legal battle against Walmart.
- Investigate the accident. An experienced lawyer will comprehensively and promptly investigate your slip and fall accident. This may involve accessing and reviewing surveillance footage, interviewing witnesses, and inspecting the location to determine any negligence on Walmart’s part.
- Gather evidence that establishes Walmart’s liability. A lawyer knows what makes a strong case against Walmart and can use their legal experience to gather all available evidence to support your claim.
- File a claim for compensation with all the supporting documentation. Filing a claim for compensation requires intricate knowledge of legal and procedural requirements. Your lawyer will prepare and file your compensation claim, ensuring that all required documentation is accurate and filed in a timely manner.
- Evaluate your damages and losses. The value of your slip and fall case depends on the extent of your damages and losses. Evaluating those damages and losses, which include medical expenses, lost income, reduced quality of life, pain and suffering, and more, many require the assistance of a knowledgeable lawyer. With a lawyer, you can ensure that the compensation you ask for reflects the true cost of your injuries.
- Negotiate with Walmart. Negotiating with Walmart and its insurance adjusters might feel a little too overwhelming and intimidating, especially considering that companies like Walmart are backed by the best defense lawyers. That is why you might want to have a lawyer to negotiate on your behalf to improve your chances of obtaining a fair settlement amount.
- Represent you in court if necessary. While 97 percent of all tort cases, which include slip and fall cases, are settled out of court, some complex cases proceed to trial. When this happens, you will most likely need a lawyer to represent your interests in court and secure the best possible resolution of your case.
If you suffered an injury in a slip and fall accident at Walmart and do not know what to do next and what your legal options are, you might want to schedule a consultation with a lawyer.
Many personal injury law firms offer free initial consultations, so you have nothing to lose by discussing your case with a personal injury lawyer.
