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

February 1, 2024
Why You Need a Lawyer After a Slip and Fall at Walmart

Walmart is a nationwide corporation with more than 4,600 retail units across the United States. Throughout the decades, Walmart has become one of the most popular grocery and retail chains and a go-to shopping destination for millions of Americans. While most shoppers can complete their trips to Walmart without incident, some get injured. While there are many potential hazards at Walmart, slipping and falling is the most common cause of injuries suffered by shoppers on Walmart property. If you slipped and fell while shopping at Walmart, you need a lawyer to pursue financial compensation for your losses, including medical bills and lost income. Going up against Walmart is complicated because, like all other large corporations, Walmart has vast resources and a team of aggressive lawyers to shield them from liability claims. For this reason, you do not want to face Walmart alone if you have suffered an injury in a slip-and-fall accident on the store’s property. You need solid legal representation from a slip and fall lawyer with the experience to fight for your right to secure fair and total compensation.

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Common Causes of Slip-and-Fall Accidents at Walmart

Many personal injury claims filed by injured shoppers against Walmart arise from slip and fall hazards on the store’s property. You can hold Walmart responsible when someone gets hurt on its property because of unsafe or dangerous conditions such as:
  • Recently mopped or waxed areas without adequate warning - Walmart is known for always keeping its stores clean and presentable. However, this dedication to cleanliness can sometimes cause more harm than good. Freshly mopped or waxed floors can become extremely slippery, making it easy for shoppers to slip and fall. It is even more hazardous if no warning signs or barriers are in place to alert customers to the danger.
  • Spilled slippery liquids - Another common slip-and-fall hazard in Walmart stores is spilled liquids. Slippery liquids can quickly create a hazard for shoppers, whether from a leaky oil bottle or a dropped shampoo bottle. If no one cleans up these spills, they can cause severe injuries to unsuspecting customers.
  • Items falling on the floor - Walmart stores always have various products. Unfortunately, some of these products may end up on the floor, creating a dangerous hazard. Grapes, broken eggs, and yogurt are just some items that can easily cause a slip-and-fall accident if left on the floor.
  • Leaky refrigerators and freezers - If water leaks from any appliances, such as refrigerators and freezers, onto the floor, it can create a slick surface. These conditions can be hazardous in high-traffic areas of the store where shoppers are moving quickly.
  • Leaky vending machines. If vending machines are not properly maintained, they often leak water onto the floor, creating a slipping hazard for customers.
  • Rainwater inside the store. Although Walmart stores keep inclement weather out, sometimes rainwater can find its way in and create a slick floor surface for shoppers. In addition, wet shoes and clothing can make a slipping hazard for other shoppers in the store.
  • Ice or other condensation in the parking lot - Shoppers entering or leaving a Walmart store may slip and fall in the parking lot due to ice or condensation on the pavement. Walmart’s parking lots are often the legal responsibility of the store’s management.
However, not all of these causes of slip and fall accidents at Walmart are the store’s responsibility. Generally, Walmart may be liable for the shopper’s injury resulting from slipping and falling on the property when the store’s management or employees neglect to fulfill their duty of care owed toward their customers.

Injuries Suffered by Victims of Slip-and-Fall Accidents at Walmart

When someone on Walmart’s property slips and falls, they may suffer injuries ranging from minor to severe. Depending on how hard the victim fell, what part of the body the victim landed on, and other factors surrounding the accident, possible injuries include:
  • Spinal cord injuries
  • Traumatic brain injuries, including concussion
  • Broken bones and fractures
  • Severe bruises and hematomas
  • Cuts and lacerations
  • Sprains and strains
  • Knee and ankle injuries
  • Shoulder, elbow, and wrist injuries
  • Soft tissue injuries
A severe injury may occur in mere seconds and end up changing the victim’s life in an instant. If you suffer severe injury in a slip and fall accident at Walmart, your medical treatment may cost tens if not hundreds of thousands of dollars, not to mention the lost work hours and other related expenses.

When Can You Recover Damages After a Slip and Fall at Walmart?

All states have some variation of a premises liability law that holds commercial property owners and managers legally responsible for injuries their visitors and customers suffered. For example, in Florida, a premises liability law for business establishments such as Walmart is in Florida Statute § 768.0755, which states that a business establishment can be held liable for injuries that occur on its property if the establishment had actual or constructive knowledge of the unsafe condition but failed to remedy it within a reasonable amount of time. Walmart will generally be responsible for slip-and-fall accidents on its property if any of the following is true:
  • The store’s management or employees created the hazard but failed to remedy it in a reasonable amount of time or
  • Someone else created the hazard, but the store’s management or employees failed to discover the hazard through regular inspections to remedy it.
Whether or not you can sue Walmart for injuries on the store’s property depends on your ability to prove the four elements of negligence:
  1. Duty - Walmart, its management, or its employees owe you a duty of care to keep the property free of hazards.
  2. Breach - Walmart, its management, or its employees failed to uphold this duty (e.g., the store’s employees left a spill unattended for an unreasonable amount of time).
  3. Causation - The breach directly caused your slip and fall incident.
  4. Damages - You suffered harm and actual damages (e.g., medical expenses) due to slipping and falling at Walmart.
If you can prove negligence, which is a failure to act as a reasonable person should in the same situation, you can recover the compensation you deserve. However, trying to prove these four elements may feel too big of an undertaking. That is why you may need the advice and assistance of a knowledgeable lawyer who can navigate the complexities of the legal system.

What Evidence Do You Need to Prove a Walmart Slip-and-Fall Case?

When seeking compensation from a large corporation like Walmart, you must ensure that your claim has compelling and credible evidence. Some evidence that may strengthen your claim for compensation against Walmart includes:
  • Accident report - An accident report is usually the first document you gather after a slip and fall incident. This report documents the circumstances surrounding the accident, the location, who was present, and any statements made. This report can be the foundation for building your case.
  • Witness statements - When you slip and fall on Walmart’s property, find someone nearby and ask them for their name and contact information. This information can be invaluable when finding witnesses in the incident's aftermath. Detailed statements from those who saw your fall can add legal weight to your case.
  • Photographs - Photos are worth a thousand words and can be critical evidence in your slip-and-fall accident case. Photographs of the scene of the accident, any surrounding hazards, and your injuries can serve as concrete evidence of the conditions that led to your fall and the extent of your injuries.
  • Surveillance video footage - You may not be aware of this, but Walmart is notorious for having cameras in every corner. Do not hesitate to ask the store’s management for video footage of your fall. It is essential to do so because CCTV footage can capture a clear record of your fall from various angles, making it nearly impossible for the store to deny your claim. Unfortunately, however, the store’s management may not be very cooperative when asked to provide you access to the footage, which is why you may need the assistance of a lawyer.
  • Medical records - After getting hurt, visit a doctor or emergency room as soon as possible to document your injuries and obtain medical records. Your medical records, such as hospital bills, prescription receipts, and medical treatments, will prove that your injuries resulted from the slip-and-fall incident at Walmart.
  • Receipts of expenses - Any expenses you have incurred due to your injury can and should be in your claim for compensation. Meticulously track and collect all receipts, including medical bills, transportation costs, costs of prescription drugs, lost income, and others.
  • Work records that track loss of income- Work records detailing the days and hours missed from work due to injury. Typically, your employer or supervisors can calculate and track lost income accurately.
You may need the assistance and guidance of a lawyer in building a solid case for compensation after a slip and fall at Walmart. A lawyer has the resources and legal tools necessary to obtain all available evidence in your case before it gets lost or destroyed.

Why You Should Not Face Walmart without a Lawyer

Many think they can handle a legal case against a large corporation like Walmart. Unfortunately, they often find that Walmart is willing to go to great lengths to avoid legal responsibility for accidents in its stores. Never face Walmart without legal representation because:
  • Walmart has a team of lawyers - Walmart is the biggest retailer in the United States with vast resources. The corporation can afford some of the best lawyers in the country to fight for its best interests and shield it from liability claims.
  • Walmart has self-insurance - Most businesses process liability claims through a third-party insurance company. However, some big corporations, including Walmart, are self-insured. This coverage means that the entity can fund losses without using any outside insurance companies.
  • Walmart has experience dealing with liability claims - Thousands of people get injured on Walmart’s properties yearly. Walmart has seen everything and knows what to expect from liability claims, so it employs a variety of tactics to pay out claimants as little as possible or deny valid claims.
With a knowledgeable lawyer in your corner, you can level the playing field when seeking compensation from this significant and scary retail giant.

How Can a Lawyer Help After Your Walmart Slip-and-Fall Accident?

Chris Castillo, Attorney for Slip-and-Fall Accident
Chris Castillo, Slip-and-Fall Accident Attorney
A skilled lawyer can guide your legal case against Walmart in many ways, including:
  • Legal knowledge - A lawyer who deals with claims against Walmart knows the legal system inside out. They will investigate your case and determine if you have a valid claim against the retailer.
  • Investigation - A lawyer will use their experience and resources to conduct a thorough investigation of the accident, which may include inspecting the site of the accident, gathering and preserving evidence, and hiring expert witnesses to reconstruct the incident’s details.
  • Determine liability - Your lawyer will examine all the evidence and establish a strong case that the slip-and-fall accident resulted from Walmart’s negligence. Remember: Walmart has a legal duty to provide a safe shopping environment that does not harm its customers.
  • Estimate damages - An attorney will evaluate the damages caused by the incident. By assessing the severity of your injuries and considering the specifics of your case, the lawyer can estimate the compensation you can demand from Walmart.
  • Negotiate on your behalf - Delays and low offers are commonplace when dealing with insurance companies or big corporations like Walmart. With legal representation, you will benefit from having a lawyer to negotiate on your behalf and demand the maximum compensation.
  • Litigation - Litigation means filing a formal lawsuit to hold Walmart accountable for your injuries. Filing a lawsuit will require drafting an initial claim, preparing the case for trial, and presenting evidence to court.
  • Navigate legal procedures - Legal claims against Walmart can be complicated and involve legal intricacies only a lawyer can navigate. Instead of getting bogged down in the legal procedures of a lawsuit, why not get help from a lawyer?
If you have suffered an injury after you slipped and fell at Walmart, you might not understand whether or not you are entitled to any compensation. A skilled Tampa personal injury lawyer can make sense of your case, explain your rights, evaluate what you deserve, and fight for the compensation you deserve to rebuild your life.