Why You Need a Lawyer After a Slip and Fall at Walmart
With more than 3,500 supercenters across the United States, Walmart is the leading retailer in the country. The average American makes six monthly grocery store trips, and Walmart is one of millions of Americans’ go-to places for grocery shopping.
While most of the millions of shoppers who go to Walmart stores complete their shopping without incident, some are unfortunate enough to suffer injuries. Slip and fall accidents injure many Walmart customers.
If you slipped and fell in one of Walmart’s stores, you might wonder, “Can I get compensation for my injuries?”
While you can seek monetary compensation if you suffered an injury at Walmart, you may need legal counsel to get the best results.
Below, we will discuss Walmart’s liability for injuries suffered by its customers and how a slip and fall accident lawyer can assist if you suffered an injury in a slip and fall at Walmart.
Common Causes of Slip and Fall Accidents at Walmart
When shopping at Walmart, customers may slip and fall if something is in their way, and they do not see it in time to react without falling. Some of the most common reasons Walmart shoppers slip and fall include:
Recently Mopped Floors
While cleaning is essential for maintaining a safe and hygienic environment, freshly mopped surfaces can become dangerous if not properly managed. When wet floors become slippery, people are more likely to lose their footing.
Walmart’s liability
Walmart must ensure the safety of its customers, which includes proper maintenance of the store’s floors. To reduce the risk of slip and fall accidents on recently mopped floors,
Walmart should:
- Mark wet areas with warning signs.
- Use anti-slip mats in high-traffic areas.
- Train employees to perform mopping tasks safely and during times with fewer customers.
If Walmart fails to implement these precautions, you can hold it liable for the injuries that occur.
Sticky Floors
Spilled substances such as drinks, oils, or cleaning products can cause sticky floors, resulting in uneven and hazardous walking surfaces. These conditions increase the risk of slip and fall accidents and pose a potential danger to the safety of Walmart’s customers.
Walmart’s liability
Walmart is responsible for promptly addressing spills and sticky areas.
This includes:
- Regularly inspecting the store for potential hazards.
- Ensuring employees quickly clean up spills.
- Provide adequate warning signs until the area is completely clean and safe.
Negligence in addressing sticky floors can lead to Walmart being held accountable for any resulting accidents. This can involve slip and fall injuries sustained by customers, where the failure to maintain a safe environment might result in legal liability for the store.
Inadequate Floor Maintenance
Over time, floors can become worn, cracked, or uneven, posing a tripping hazard to customers. Poorly maintained flooring is a significant risk factor for slip and fall accidents, and neglecting to address such issues promptly can increase the likelihood of injuries occurring on Walmart premises.
Walmart’s liability
Walmart must maintain the flooring in their stores to a safe standard. This involves:
- Regular inspections and maintenance checks.
- Promptly repairing any damage or uneven surfaces.
- Keeping an updated log of maintenance activities.
Failure to adequately maintain the floors can make Walmart liable for injuries sustained due to neglected conditions.
Lack of Warning Signs
To inform customers of potential risks, Walmart must mark areas undergoing cleaning and maintenance or those inherently hazardous.
Walmart’s liability
Walmart is obligated to warn customers about any potential hazards within the store by:
- Placing visible and clear warning signs in hazardous areas.
- Using barriers or cones to prevent access to dangerous zones.
- Updating signage as necessary to reflect ongoing maintenance or cleaning activities.
You can hold Walmart liable for accidents in unmarked hazardous areas without proper warnings.
Leaking Soda Machines
There are more than five million vending machines in the U.S., and the owners must maintain them in good condition. Leaking soda machines can create puddles on the floor, posing a slipping hazard for customers. These leaks can create serious dangers in high-traffic areas like food courts or near vending machines.
Walmart’s liability
Walmart must keep all equipment, including soda machines, functioning correctly and safely.
To mitigate risks, Walmart should:
- Regularly inspect and maintain soda machines.
- Quickly address any reported leaks.
- Ensure placing warning signs around leaking machines until completing repairs.
If Walmart neglects these duties, you can hold it responsible for any slip and fall accidents resulting from the leaks.
Inadequate Lighting
Poor lighting can obscure potential hazards, making it difficult for customers to see and avoid obstacles or wet floors. This increases the risk of slips, trips, and falls.
Walmart’s liability
Walmart must ensure its stores are well-lit to provide a safe shopping environment. This includes:
- Installing sufficient lighting throughout the store, especially in aisles and high-traffic areas.
- Regularly checking and replacing faulty light fixtures.
- Using emergency lighting in case of power outages.
Inadequate lighting contributing to a slip and fall accident can lead to Walmart being held liable for injuries sustained.
Obstructed View
Displays, shelves, or promotional materials obstructing a customer’s view can prevent them from seeing potential hazards on the floor, increasing the risk of an accident.
Walmart’s liability
Walmart must maintain clear and unobstructed paths within its stores.
This involves:
- Strategically placing displays to avoid blocking sightlines.
- Keeping aisles clear of clutter and obstacles.
- Ensuring that promotional materials do not obstruct visibility.
If an obstructed view contributes to a slip and fall accident, Walmart can be liable for failing to maintain a safe shopping environment.
Walmart’s Liability for a Customer’s Slip and Fall Injury
Statistically, slips and falls account for more than one million emergency room visits annually. Many of those falls occur on commercial properties such as Walmart.
After you get injured in a slip and fall accident at Walmart, you might wonder, “Can I hold the store liable for my injury?”
Since everyone’s situation is unique, the answer to this question hinges on proving Walmart’s liability for your injury. In most cases, there are three ways the store may be liable:
Failure to Maintain Safe Premises
Retail stores like Walmart have a legal duty to maintain a safe environment for their customers. This duty encompasses several responsibilities, such as regular inspections, timely repairs, and efficient cleaning schedules.
The injured party can hold the store liable when Walmart fails to uphold these responsibilities and injuries occur. Common examples of Walmart’s failure to maintain safe premises include spills left unattended, broken or uneven flooring, poorly lit areas, and cluttered walkways.
To prove that Walmart failed to maintain safe premises, you must demonstrate that:
- There was a dangerous condition in the store;
- Walmart knew or should have known about the condition, and
- Walmart did not take appropriate action to fix the hazard.
Collecting evidence, such as photographs of the hazard, witness statements, and incident reports, can build your case.
Failure to Warn of Hazards
In cases where Walmart cannot immediately address a hazard, the store must warn customers about potential dangers to prevent injuries. Warning signs, barriers, or verbal notifications are ways Walmart can inform customers of hazards.
Situations where failure to warn might come into play include:
- Wet floors without “Caution: Wet Floor” signs
- Construction areas without proper barriers
- Spills in aisles without any warning cones or signs
If you slipped and fell due to a lack of proper warnings, you could argue that Walmart neglected its duty to alert customers of the existing dangers. Evidence such as a lack of posted warning signs or witness testimony can support your claim against the store.
Negligent Employee Actions
Walmart employees are responsible for maintaining a safe shopping environment. This includes promptly addressing spills, hazards, and any other conditions that can pose a risk to customers. Walmart can be liable for its negligent actions when employees fail to fulfill these responsibilities.
Instances of negligent employee actions might include:
- Ignoring reported hazards
- Failing to clean up spills promptly
- Not following safety protocols
To hold Walmart accountable for its employees’ negligence, you need to show that the employee acted in a way that directly led to your slip and fall injury. Video surveillance, witness statements, and employee records can all serve as vital evidence.
How a Slip and Fall Attorney Can Help After an Accident at Walmart
Hiring a slip and fall lawyer is one of the best decisions you can make after getting injured at Walmart. With legal counsel, you place your case in good hands as you focus on healing and getting back on your feet.
A slip and fall attorney can:
- Explain your legal options. A lawyer will review the details of your case, including how the accident occurred and the extent of your injuries. This initial consultation can clarify whether you have a viable claim and the best course of action. Your lawyer will explain potential outcomes, legal strategies, and the steps to pursue compensation.
- Investigate. Your lawyer will conduct a detailed investigation to gather facts surrounding the slip and fall accident. This includes reviewing security footage from the store, interviewing witnesses present during the incident, examining incident reports filed by Walmart employees, and analyzing medical records related to your injuries. This investigation aims to establish the circumstances that led to your fall and whether Walmart failed to maintain a safe environment for its customers.
- Collect evidence. Your lawyer will gather all necessary documents and materials to support your claim. This evidence may include photographs of the accident scene, copies of your medical records and bills, witness statements, accident reports, and maintenance records from Walmart.
- Prove Walmart’s liability. A key aspect of your slip and fall case is proving that Walmart’s negligence caused your accident. Your slip and fall lawyer will work to establish that Walmart owed you a duty of care, that the store failed to maintain a safe environment, breaching that duty, and that this breach directly caused your injuries and damages.
- Deal with Walmart’s legal team. As the largest retail chain, Walmart has a robust legal team to handle liability claims. Dealing with their lawyers and insurance representatives can be intimidating and overwhelming. Your lawyer will act as your advocate, communicating and negotiating with Walmart’s legal team on your behalf. They will protect your interests, ensuring you don’t accept an unfair settlement.
- Negotiate on your behalf. Negotiating a fair settlement is one of the most critical roles of your lawyer. They will calculate the full extent of your damages and losses. With this information, your lawyer will negotiate with Walmart’s insurance company to reach a settlement that adequately compensates you for your injuries. If the insurance company offers a lowball settlement, your lawyer will counter with a well-supported demand for a higher amount.
- Go to court if necessary. While many slip and fall cases settle out of court, sometimes negotiation fails to reach a fair settlement. Your lawyer will be ready to take your case to trial if this occurs. They will represent you in court, presenting the evidence and arguing your case to the judge and jury. Having an experienced lawyer at this stage increases your chances of obtaining the compensation you deserve. If you think your case is going to trial, you must be aware of the statute of limitations, which restricts the time you can bring a lawsuit. This time limit varies from state to state. In Oklahoma, for example, injured victims have two years from the injury to sue the negligent party.
Many slip and fall accident lawyers work with clients on a contingency fee basis, which means you have nothing to lose. With this arrangement, you do not have to pay anything upfront.
If your attorney wins, you pay an agreed-upon percentage of the final settlement or verdict. If you don’t win, you don’t pay anything. This also means your personal injury attorney will work hard to recover as much compensation as possible.