Why You Need a Lawyer After a Slip and Fall at Walmart

Walmart is notorious for denying and minimizing slip and fall claims in their stores. Navigating the legal process with Walmart will be challenging when trying to prove negligence and getting fairly compensated for your injuries. Do not expect to be taken seriously by Walmart’s internal claims department if you do not have a lawyer.

The first step you should take after discovering your injuries is consulting a slip and fall attorney with experience handling Walmart claims.

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Be Careful What You Say to Walmart Staff

While it is important to report the incident to the store’s management after it happens, be careful not to say anything that can be twisted and used against you later. Walmart often has an on-site incident team (security guard, risk management rep) who might seem helpful when responding to your fall. Do not be fooled—they are not objective third parties. 

The sole purpose of this incident response team is to minimize Walmart’s liability and, while you cannot take photos or gather evidence because you are dealing with your injuries, they are recording everything and getting a “report” ready for you to sign. They will not tell you this, but you are under zero legal authority to sign off on their self-serving, internal documentation.

To protect your rights and ensure you do not get taken advantage of, talk to a slip and fall lawyer as soon as possible. Walmart often argues that your statements to their incident response team indicate that you were partially responsible for the accident or that your injuries are not as severe as you claim. You are under no obligation to tell them anything, but it is recommended that you report the fall immediately after it occurs while you are on-site.

Why Walmart Bathrooms Are Particularly Dangerous

Most slip and falls at Walmart occur in their bathrooms. Walmart has high foot traffic, so it requires constant attention to keep the bathroom floor dry and free of debris. The constant presence of water on the floor, caused by people washing their hands or water splashing out of sinks, makes for slippery conditions. Inadequate maintenance and improper cleaning can further contribute to slippery surfaces. Lastly, the design and layout of the bathrooms, including the placement of sinks, toilets, and doors, can pose hazards and increase the risk of accidents. 

There are attorneys well-versed in Walmart slip and fall cases, so don’t hesitate to reach out to a local law office with your questions if you slipped and fell in a store bathroom.

The Challenges of Walmart Being Self-Insured

Walmart has its own subsidiary insurance company called Claims Management Inc., and it serves as the company’s personal insurance adjuster. Walmart and its insurer are no strangers to defending against personal injury claims. The mega-corporation’s website says they “use a combination of insurance, self-insured retentions, and self-insurance” to limit their liability and simultaneously cover the expense of their premises liability. Being” self-insured” means that Walmart takes on the financial responsibility for injuries that occur on the premises of their stores. In other words, Walmart does not have a separate insurance company you’ll deal with for your claim.

However, this self-insured status presents challenges for slip and fall victims. Walmart has a team of laser-focused corporate attorneys who deny and minimize claims like yours all day long. They are well-versed in the legal strategies and tactics necessary to minimize Walmart’s financial liability. Again, it is vital for victims to hire a Walmart slip and fall lawyer who is one step ahead when it comes to dealing with this self-insured mega-retailer.

Common Injuries in a Walmart Slip And Fall Accident

Slip and fall accidents at Walmart can result in a wide range of injuries:

• Broken bones: Falls can lead to fractures in wrists, arms, ankles, and hips. Fractures can vary in severity, with some requiring surgical intervention and extensive rehabilitation.
• Head injuries and Traumatic Brain Injuries: In slip and fall accidents, hitting your head on the hard floor or against objects (bathroom stall walls, countertops, toilets) can cause concussions, traumatic brain injuries, and other head injuries. These injuries can have long-lasting effects on cognitive function and quality of life.
• Back and spinal cord injuries: Slip and falls have definitely caused their fair share of severe injuries to the back and spinal cord, such as herniated discs and spinal fractures. These injuries cause chronic pain, limited mobility, and even paralysis.
• Soft tissue injuries: Sprains, strains, and tears in the ligaments, tendons, and muscles are also common in slip and fall accidents. These injuries can cause significant pain and limit the victim’s ability to perform day-to-day activities.
• Cuts and bruises: In slip and fall accidents, victims regularly sustain cuts and bruises due to contact with hard surfaces or objects. Although these injuries are less severe, they still cause pain and lead to complications if not properly treated.

Causes of Slip and Fall Accidents in Walmart Stores

As Walmart slip and fall lawyers, these are some of the most common causes of slip and fall accidents seen at Walmart stores:

• Wet floors: Spills or leaks not addressed promptly can leave the floor wet and slippery, posing a risk to customers.
• Uneven surfaces: Uneven flooring both in the store and in the parking lot can lead to trips and falls. Poorly maintained flooring is unacceptable in a store with as much foot traffic as Walmart.
• Lack of warning signs: When cleaning or maintenance activities are taking place, Walmart is responsible for providing clear warning signs to alert customers. Failure to do so can lead to slip and fall accidents.
• Obstacles in pathways: Cluttered aisles or obstructions that block customer pathways can contribute to accidents. Walmart has a responsibility to maintain clear and safe walkways for their customers.
• Inadequate lighting: Poorly lit areas can make it difficult for customers to see potential hazards and increase the risk of slip and fall accidents.

Sometimes, there are new hazards that no one expects. This is often a risk with new displays or when employees are restocking shelves, and the store environment is chaotic. Peak holiday shopping times also come with escalated risks, as stores are crowded and often in disarray. This is no excuse for employees to allow hazards to persist, however. 

Walmart Keeps Their Prices Low by Denying Premises Liability Claims

Walmart is the textbook definition of “deep pockets,” worth over $380 billion. To maintain its competitive pricing strategy, Walmart uses all the tricks in the book, such as breaking up employee attempts to unionize, making most of their staff part-time to avoid paying benefits, and, yes, aggressively defending against premises liability claims in-house without proper insurance. 

By withholding compensation from slip and fall victims, Walmart saves money. Walmart does things like accusing victims of causing their own falls, downplaying the extent of their injuries, and saying that their injury was a pre-existing condition. Moreover, expect Walmart to delay at every corner as they hope the victim becomes financially desperate and accepts one of their lowball settlement offers. You should always have a well-versed Walmart slip and fall lawyer on your side to avoid these frustrations and secure a reasonable and timely payout.

Walmart Warehouse Injuries

Unfortunately, accidents at back of house and at Walmart Distribution Centers are also common. While Walmart has a legal obligation to maintain a safe working environment, it’s not uncommon for them to prioritize productivity over safety. They may neglect to address potential hazards or fail to implement proper safety protocols. 

The fast-paced nature of a Walmart warehouse, combined with the constant movement of employees and heavy machinery, leads to plenty of accidents. Someties, contract truck drivers and other non-employees slip and fall in Walmart warehouses. A thorough and steadfast Walmart slip and fall lawyers can also help you if you work for or with Walmart and had an accident off the retail floor.

How Premises Liability Works

Premises liability will play a crucial role in your Walmart slip and fall case. According to data from the American Bar Association, approximately 75 percent of all premises liability cases are either slip and fall or trip and fall accidents. 

What exactly is premises liability? In simple terms, it refers to the legal responsibility that property owners or occupiers have to ensure the safety of individuals on their premises. This entails maintaining the property in a reasonably safe condition and taking necessary precautions to prevent accidents.

To establish a successful premises liability claim after a slip and fall accident at Walmart, as your attorney, will need to prove:

• Duty of Care: The first element that needs to be established is that Walmart had a duty of care to you—this is not usually hard to prove. 
• Breach of the Duty of Care: The next step is to demonstrate that Walmart breached their duty of care. Your attorney must show Walmart failed to rectify a known hazard or that they failed to exercise reasonable care in maintaining the premises.
• Damage or Injury Sustained: Your Walmart slip and fall lawyer will need to provide evidence of your injury, showing that it resulted from the slip and fall you sustained at Walmart. This can include medical records, photographs of injuries, and any other relevant documentation substantiating your claim.
• Causation: Finally, your lawyer will need to show a link between Walmart negligence and your injuries, which requires demonstrating that the hazardous condition they knew about and were responsible for caused your slip and fall accident and subsequent injuries.

Hurdles commonly faced in recovering damages for premises liability cases, include:

• Notice Requirement: Again, proving that Walmart had prior knowledge of the hazardous condition and failed to address it within a reasonable amount of time can be tricky. It requires gathering evidence of previous complaints or incidents, work logs, in-store camera footage, and the like.
• Statute of Limitations: You have a short window in which the law allows you to pursue legal action against Walmart. Don’t delay in getting started today.

Need a Walmart Slip and Fall Lawyer? Contact One Today

If you have experienced a slip and fall accident at a Walmart store or warehouse, the sooner you lawyer up, the better. A seasoned Walmart personal injury lawyer is dedicated to fighting for the rights of their clients and ensuring they receive just compensation. Contact an experienced Walmart slip and fall lawyer today to schedule a no-cost legal consultation and case review.

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