Walmart is one of those American success stories that began as a family owned business in Arkansas in 1962. It has expanded globally and has become the worlds top retailer with over 4,600 stores in the United States and 2.1 million employees worldwide. Walmart sells over $400 billion worth of merchandise and collects almost $5 billion worldwide in revenue annually.
In American stores Walmart is over 700 million square feet of floor space. Most shoppers at Walmart complete their daily shopping without injuries but at times there are some customers that do suffer injuries.
Attempting to hold Walmart liable for your injures can be challenging. Walmart has so much money that they are able to afford the best defense attorney and will do anything in their power to make you drop your case. You will need an experienced attorney that is knowledgable in these types of cases. This guide will cover the basics of premises liability and will describe step by step on how to tackle a big company like Walmart to get the compensation you deserve.
Claims Against Walmart
Challenging a rich and powerful business like Walmart can be extremely difficult and tough to prosecute. This is because Walmart has its own liability insurance.
This means that Walmart can self insure rather than buying insurance from a third party insurer. It can handle its own liability claims and will directly pay any settlement against them in a personal injury case. Walmart has the power to avoid paying any damages, persuade you from not taking a course of action, denying your claim, and making your case difficult for you.
The Types of Injuries Customers Suffer at Walmart
The most common injury at Walmart is a slip and fall. Customers at Walmart can slip on spilled water, milk, juice, or oil. They can also trip over on hard objects that have been left on the ground or on welcome mats on the floor of the entryway.
There are other types of premises liability lawsuits that may arise from broken machinery or poor maintenance. For example, a customer might cut themselves on a sharp broken edge of a sign or shopping cart. Or a customer can also cut himself from a broken glass while reaching for a jar of jam.
Another type of premises liability is falling objects that have been placed in a hazardous way on high shelves.
Injuries at Walmart not only happen inside the store but can also occur outside of the store. A slip and fall that occurs on the sidewalk or in the parking lot of the store while on a rainy day or on a snowy pavement or over cracks can also be a cause for action but under certain circumstances.
At times bizarre injuries can occur at Walmart. From births, to weddings, hilariously defective products, sexual assault, methamphetamine production, and murder.
At times personal injury claims can have unusual forms but that does not mean that you don’t have the right to sue, you just need an intelligent and skilled attorney at your side.
When Can I Sue Walmart?
Walmart owes its customers the highest level of protection. This means that Walmart is expected to take reasonable steps to ensure the safety of its customers.
Walmart will be held liable if:
- It caused the dangerous situation
- Knew about the dangerous situation but did nothing to remove it.
- Should have reasonably known about the dangerous situation.
That is why most stores conduct regular safety inspections to ensure the safety of its customers and to be aware of the dangers on the premises.
To win a lawsuit against Walmart you must prove:
- Duty: Walmart had a duty to remove a certain danger
- Breach Of Duty: They breached that duty but failed to do so.
- Injury: You were harmed
- Cause: Injury was caused by Walmart’s breach of duty.
What To Do If You Have An Accident At Walmart
Step 1: Seek Medical Attention Immediately.
- Your well being is your first priority even if the injury is not immediately apparent.
- Receiving a full medical assessment will help prove you have a case to pursue a personal injury lawsuit.
Step 2: Gather Evidence
- Take pictures after the incident or have a witness do it for you.
- If you slipped in a puddle then take pictures of the puddle.
- If something fell from the shelf and hit you then take a picture of the object and the shelf.
- Take enough photos of the area and close-ups of the dangerous condition from multiple angles.
- Record the names and contact information of any witnesses.
- Your clothes may also be useful for any evidence so remember the outfit you wore.
- Demand a copy of the surveillance tape early on to ensure that the recording shows the negligence of Walmart.
- Preserve receipts, records, medical treatments and your doctors descriptions of your injuries to use as evidence.
- Keep a record of any lost wages from work.
- Keep a record of your day to day life.
Step 3: After An Injury Do Not Talk To Walmart
- Walmart will do everything in their power to avoid paying for any damages.
- Walmart will persuade you to make a statement that can hurt your case.
- They will convince you to sign an incident report upon exiting the store.
- Don’t sign anything
- Do not discuss your case to a casualty claims administrator known as the Claims Management, Inc.
- Do not settle on an offer
Step 4: Don’t Wait
- Get started on the evidence with a well trained and intelligent attorney
- If you wait too long your case will be dismissed by the judge
Injuries To Walmart Employees
Injuries to Walmart employees typically go through the workers compensation claims process. If your employer acted with extreme negligence then you can file a lawsuit against Walmart. To an advantage Walmart employees do not have to prove that Walmart was negligent in order to receive damages. However, Walmart has the power to pay its injured employees the least amount of money as possible or can deny an employees claim.
What To Do If You Bought A Defective Product At Walmart
If you bought a defective product at Walmart first try and return the product and ask for a refund. If Walmart refuses to cooperate or if the product you bought injures you before knowing it was defective then you can open a lawsuit against Walmart. However, Walmart may not be the only party responsible for its defective product, other multiple parties are also held responsible. If you suffered an injury due to a defective product you bought at Walmart then you should contact a skilled and experienced attorney. The Lawyers at Adley Law Firm will fight for your justice. Call our lawyers today at (713) 999-8669 or schedule a free consultation.