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Unexpected Walmart Injury Stories
Walmart serves millions of people through its thousands of locations across the US and abroad. With this much foot traffic, it’s not surprising that accidents occur regularly inside many of the retail giant’s stores. For example, things could fall off the shelves and injure someone, or a spilled product could cause an unsuspecting customer to slip. While not as gruesome and nightmarish as one might expect, the damages these accidents cause make them horror stories all the same.
You could file a personal injury claim against Walmart if you get injured within the store premises, provided it’s not your own doing. For example, if you were injured in a Walmart slip-and-fall accident, know that the store can be liable for negligence in keeping a safe environment for its customers and employees. The same goes when you get injured using a defective product you bought from the store.
Although you should be warned that Walmart has defended claims vigorously in some cases, including seeking reimbursement for certain expenses, there were instances where the big box store sued and won against the victim. In another case, they tried to recover reimbursement they’d already spent on a former employee. Not to mention the untold stories of the retail company successfully discouraging or intimidating victims from filing a claim or lawsuit. However, this should not demoralize those injured at Walmart from seeking compensation for their damages. Our compassionate injury attorneys can help accident victims pursue compensation for their injuries and losses.
We’ve gathered some notable personal injury stories from customers and former employees alike. We’ll also teach you how to recover physically and financially if you ever find yourself in one of these scenarios.
Personal Injury Horror Stories At Walmart
With Walmart serving about 255 million customers per week worldwide, it’s virtually unavoidable for unfortunate incidents to occur within its premises. The company does take responsibility when skilled personal injury attorneys successfully prove liability in these accidents. However, in some cases, the retail giant triumphs over injured victims and leaves them dealing with the damages on their own. Here are some personal injury horror stories that have occurred at Walmart:
Walmart Baseball Bat Attack
In one of Walmart’s stores in San Jacinto, California, a homeless man attacked a customer and his wife with a baseball bat. The couple was shopping at the store when the homeless man took a baseball bat from one of the shelves and struck them unprovoked.
One of our attorneys, Brian Beecher, Esq., represented the clients throughout the case. After months of preparation and an almost two-month-long trial, his skilled use of cross-examination techniques, sometimes referred to as “cross-exam jujitsu”, helped present a compelling case on behalf of the injured victims. He was able to secure significant compensation for the injured victims. The court found Walmart partially responsible, resulting in a substantial judgment.
Walmart has been involved in several unsecured baseball bat attacks before this incident, which emphasizes the need to properly store these types of sports equipment that can be used as weapons inside its stores.
Store Defeats A Customer In A Lawsuit
Once, in 2019, a woman in Miami fell inside a Walmart store. She claimed that the company neglected to fix a safety hazard on the property, which resulted in her injury. She also argued that four Walmart employees walked past the area but did nothing to fix it.
After a 4-day trial, the woman lost the lawsuit. The court determined she failed to prove that the Walmart employees knew about the wet area and did not address it. Her lawyer tried to go a different route and suggested there must have been a ceiling leak. However, they couldn’t provide sufficient evidence to back up the claim.
Security footage also favored the store. It was a rainy day, making it highly probable that other customers had brought in the water from outside. Furthermore, around 70 people had been in the area before the accident and did not encounter any issues. A customer in high heels even walked by a minute before and did not slip.
This series of events implied that if there had been a problem in the area at the time of the accident, it would’ve only existed for a minute or less. As such, the Walmart staff wouldn’t have had enough time to address it and prevent the accident from happening. Alas, with the lack of solid evidence from the plaintiff’s side, the court ruled in favor of Walmart.
Collecting Reimbursement From A Brain-Injured Employee
In 2000, a shelf stocker at Walmart sustained a severe brain injury after her vehicle was rammed by a truck. Ultimately, the company and the victim reached a settlement that granted her a trust fund for long-term care.
Interestingly, Walmart sued the victim to recover reimbursement for its health care plan spent on its employee’s medical care. The company even stated that “its health plan must protect its assets so that it can pay the future claims of other associates and their family members.” It also ensured that any money recovered will be returned to the health plan and not to the company.
After intense public backlash and getting vilified by the media, Walmart eventually backed down, announcing the victim could keep the money in April 2008. The retail giant decided to no longer go after settlements from those who suffered quadriplegia and paraplegia, among other disabilities. Although the victim died two years later, she made a difference.
Personal Injury Horror Stories From Former Walmart Employees
Walmart has extensive experience handling a high volume of complaints and legal claims. They have always tried to free themselves from liability by directing the blame to their customers or employees. In a Reddit thread, former employees have posted their share of alleged personal injury horror stories at Walmart. Here are some of the most notable accounts:
Getting Injured From A Shelf That Collapsed
A former Walmart employee was working their usual overnight shift, stocking shelves in the Pets section. Their boss requested that they place some boxes of cat litter on the newly installed high-rise shelves, which could supposedly hold a ton of weight.
The employee worried that the shelves would be unable to hold several boxes of cat litter weighing almost 35 pounds each. However, their boss insisted on doing it, so they had no choice. When the employee placed the last 12 boxes on the bottom shelves, they heard a cracking and tearing sound. The next thing they knew, they were buried under a heavy pile of cat litter.
The employee sustained some cuts in the accident. However, even though the people inside the store heard it happen, the management at that time explicitly told them not to call 911.
The employee contacted a lawyer they knew right away. Unfortunately for the company, the lawyer knew how to sue Walmart for personal injury. Long story short, they filed a claim and received adequate compensation from Walmart.
Sustaining A Skull Fracture From Fallen Merchandise
Another former employee was working their first shift at Walmart. They were stocking items on the bottom shelf when a coworker accidentally dropped a gallon of Gatorade on their head.
The management did not let them report the incident, let alone seek medical attention, despite the employee’s dizziness and pain. When the poor employee finally got a medical checkup, the results revealed a skull fracture.
Since the employee wasn’t allowed to report the incident officially, the management argued the accident didn’t happen “at work.” Instead of going through the tedious process of filing a personal injury claim against Walmart, the employee decided to quit out of rage.
Management Hiding A Seizure Incident
A customer service representative at Walmart saw a thin man wheeling a stereo system box on a shopping cart into their store. The man was sweating profusely.
Per the store’s policy, the employee paged someone from the electronics department to clear the return. While waiting, the customer started to sway and looked concerningly pale. Seeing the situation unfold, the employee also called security.
The staff they paged arrived at about the same time as they opened the box, and as they were opening the box, the customer started having a seizure. The security staff then called 911 while the employee paged the manager. Upon arriving, the manager decided they couldn’t have someone convulsing on the floor for everyone to see. So, instead of providing first aid to the customer, they insisted that the security staff assist them in moving the customer.
Once the seizure stopped, they sat him on an office chair and brought him to the back office. The EMTs arrived — visibly unamused that the management had moved the victim — and gave him proper medical attention.
After the commotion, the employees opened the box the guy brought in. Inside, there was no stereo system. All they found were rocks.
Having To Work A Full Shift Despite Stomach Flu
A Reddit user had a friend who also worked at Walmart. Her friend was on her last warning, which meant she couldn’t afford another mistake; otherwise, she would get fired.
One day, she had to come in to work her shift despite having stomach flu. She was throwing up in the trash can by the counter and could barely stand up straight.
Despite the situation, her manager still didn’t send her home. They claimed there was no way they could change her schedule, so her only choice was to keep working or get fired. The employee had to work her entire shift, even though all the customers could see her throwing up while handling money and groceries.
Other Lawsuits Against Walmart
Many personal injury cases have been filed against Walmart, from defective products and unsafe storage of items to slip-and-falls and workplace accidents. Here are some examples of lawsuits filed against the retail giant:
Product Recall Of High-Powered Magnetic Balls
On December 29, 2023, the Consumer Product Safety Commission (CSPC) ordered Walmart to recall the Relax 5mm Science Kit magnetic balls it sold nationwide. Federal safety officials connected the product to multiple hospitalizations and seven deaths, prompting the recall.
These magnetic balls did not meet federal safety standards, were a choking hazard, and used magnets that were stronger than permitted. They could have also caused intestinal blockages, blood poisoning, and even wrongful death if ingested.
Walmart shared fault in this product liability case because it sold these dangerous products in its stores. The distributor, Joybuy, was tasked with notifying all buyers and issuing full refunds.
Multidistrict Litigation (MDL) For Talcum Powder And Toxic Baby Food
Several ongoing class action MDL cases against Walmart for selling other dangerous products exist. These include talcum powder and baby food, which allegedly cause ovarian cancer and autism, respectively.
Johnson & Johnson is currently facing more than 50,000 pending lawsuits across the country for its talcum powder. The product is said to contain asbestos, a substance that causes mesothelioma or cancer of the lungs, larynx, and ovaries. This has led to the company paying substantial settlements to plaintiffs.
Companies such as Gerber, Beech-Nut, and Campbell Soup Co. also face lawsuits for selling toxic baby food. Their products are said to have harmful heavy metals that affect children’s development and cause autism.
Despite these lawsuits, these products have remained available at some Walmart locations. The retail giant might not be held mainly responsible for these cases, but it does share liability if the plaintiffs purchase dangerous products from its stores.
Disability Discrimination Lawsuit By The Equal Employment Opportunity Commission (EEOC)
Walmart has to pay a monetary settlement and offer a job to an employee following a disability discrimination lawsuit filed by the EEOC.
The company hired an employee with a prosthetic leg and allowed him to use the store’s electric carts to help him accomplish his tasks. However, seven months later, he received a warning to stop using the electric carts because they were now only for customers. Instead of providing the employee with an alternative aid, Walmart placed him on indefinite unpaid leave.
This is an example of workplace discrimination, especially since it was discovered that other employees were still permitted to use the electric carts for temporary injuries. As such, the case was found to be a violation of the Americans with Disabilities Act (ADA). Experienced employment lawyers can help recover compensation for employees who face such discrimination and other employment-related cases.
How Many Lawsuits Have Been Filed Against Walmart?
Walmart receives a high volume of lawsuits annually, mostly from employees complaining about workplace discrimination and unpaid overtime. If you’re planning to take your Walmart case to court, seek assistance from the personal injury attorneys at Arash Law. We will help you comply with all the requirements and advocate for your rights.
Does Walmart Like To Settle Out Of Court?
It depends on the circumstances of the case. Walmart does frequently resolve matters through out-of-court settlements, but if a claim proceeds to litigation, the company will typically use its available resources to defend itself, just as most large organizations do. While this may influence some individuals’ decisions about pursuing a claim, the choice ultimately comes down to the merits of the case.
Types Of Personal Injury Cases Against Walmart
Based on the above anecdotes and lawsuits, various kinds of personal injury cases can be filed against Walmart. Here are the most common cases our personal injury lawyers can handle:
These accidents are often the result of negligence on the part of Walmart as a property owner, and if that is the case, you may seek accountability from the company. It may be overwhelming to think about filing a claim while recovering from your injuries. Additionally, going against a big company won’t be easy. However, you don’t have to be alone. Our personal injury lawyers are here to help you navigate the process and pursue compensation from the retail company.
Why Bringing A Personal Injury Claim Against Walmart Is Difficult
Walmart deals with personal injury claims and lawsuits every day. The number of cases it has faced has allowed the company to polish its skills and escape these situations easily. In addition, the retail giant has a team of corporate lawyers and resources to protect its bottom line.
One thing to know about Walmart, and most companies, is that they have established procedures for reviewing and verifying claims. If they believe there is a legitimate basis to question liability, they may choose to dispute it.
Most businesses try to settle disputes discreetly in order not to tarnish their reputation, and Walmart is no exception. However, the company may decide to defend a claim more directly, particularly when it believes there are valid reasons to do so. Although individuals may feel hesitant to pursue a case involving a large company, it is essential to recognize that doing so can still be feasible when supported by clear evidence and favorable circumstances.
What To Do After An Accident At Walmart
Knowing what to do after an accident at Walmart protects your safety and legal rights.
Suing a multinational corporation is daunting. It takes more than just capturing film or photos of the accident scene and speaking with the manager to demand compensation. Building a well-supported claim requires calculated steps, sufficient evidence, and strong legal representation.
Here’s what you can do after an accident at Walmart to help you pursue a personal injury lawsuit against the company:
Seek Medical Attention
After a Walmart personal injury incident, make sure to get yourself examined by a medical professional. A medical record is crucial in personal injury lawsuits against Walmart, as it establishes the relationship between your injuries and the incident.
No matter how minor the accident or injury, it would be best to undergo a medical assessment. Always follow the doctor’s orders, whether they require complete bed rest or additional tests. If your injuries require therapy or rehabilitation, ensure you don’t miss your appointments.
Seeking medical attention is important even if you sustained no apparent injuries from the accident. It also helps identify and treat potential health issues related to your accident.
Document The Scene
Take photos and videos of the scene. In a slip-and-fall accident, it would help if you could document the cause, such as a spillage or fallen merchandise in the aisle. If it is a product liability case, take a photo of the defective product and the injuries you’ve sustained from using it.
If other people around saw the incident, ask for their names and contact details. They could serve as witnesses in your case later on. Also, if they get the incident on video, kindly ask them for a copy.
Inform The Staff
Let the store manager or customer service desk know of the incident. In most cases, they will provide an accident form for you to complete. Otherwise, ensure they at least log or keep an official record of your report.
Refrain From Writing Or Signing A Statement Right Away
Do not write or sign a statement, even if the staff says it’s your only way to get compensation. Remember, they could use your statement against you to harm your case.
Along the same lines, do not agree to any settlements their representatives may offer. It’s advisable to speak with our personal injury lawyers before giving a statement or discussing a settlement.
Gather Other Evidence
Try to collect as much evidence as you can. The sooner you can get a copy of the surveillance tape of the incident, the better. This could help prove Walmart’s liability for your injury.
Other evidence also includes medical bills, receipts, and doctors’ notes. As a rule of thumb, compile any relevant documents that could help you strengthen your case against Walmart.
Consult A Lawyer
Once you find a lawyer for injury cases, your ability to navigate a case against Walmart may improve. Look for an injury lawyer experienced in Walmart cases, such as our team at Arash Law.
Our personal injury attorneys are determined to advocate for victims and are committed to each case they handle. We aim to protect their interests in our pursuit of justice.
What To Do If You’re Injured At Walmart As An Employee
Accidents can happen unexpectedly at work, and knowing how to respond can be helpful. If you suffer an injury while working at Walmart, you might consider taking steps to protect your well-being and to understand your options under workers’ compensation. Here are some general recommendations you may want to keep in mind:
- Report the injury to your supervisor immediately. Make sure the incident is officially recorded. This incident report would be critical for a workers’ compensation claim.
- Visit a healthcare provider for a professional assessment of your injury. Walmart may direct you to a specific doctor if it manages the claim through its self-insured system.
- Take notes on the circumstances of the injury. Take photos of the area where the injury occurred and gather the contact information of any witnesses.
- File a workers’ compensation claim. You must file a claim to receive compensation for medical expenses and lost wages. Walmart uses a subsidiary of Claims Management, Inc. (CMI) to handle these claims, which means you will likely be dealing directly with a Walmart-affiliated entity.
- Seek legal advice from an experienced workers’ compensation attorney. Dealing with a large corporation is complicated. Personal injury lawyers can help navigate the process and advocate for a fair evaluation of your case against Walmart.
Navigating a workers’ compensation claim against a large corporation can be daunting. Walmart’s control over the claims process can influence how your case is handled. You might also face various discouragements or even retaliation, such as termination or demotion, even though it’s illegal.
You don’t have to face these challenges alone. Our injury law firm handles workers’ compensation claims and has decades of experience advocating for employee rights. Our workers’ compensation attorneys can help victims explore their possible legal options.
Personal Injury In California: How To Prove Walmart Is At Fault
To establish liability in a personal injury case, you have to demonstrate that there was negligence on the part of Walmart. Experienced injury lawyers can help you with the process of proving the other party’s negligence.
Duty Of Care
You and your injury lawyer must prove that the retail giant has a duty of care to you. In the previously mentioned cases, Walmart must guarantee the security of employees and customers while inside its premises. This applies to all property owners and their guests.
In product liability cases, Walmart is obligated to ensure that the products it sells meet a certain standard and are safe for its customers’ use or consumption.
Breach Of Duty
A breach means the other party did not take the necessary steps to ensure your safety. A good example would be Walmart not properly securing the storage of its items within the store, including those that can be used as weapons, fall on customers’ heads, or serve as tripping hazards. The same goes if they fail to guard their premises adequately and accidentally allow entry to someone with firearms or other dangerous weapons.
Walmart’s preventing employees from filing a report of an accident or seeking medical attention for a work injury would be a breach of duty. Another possible scenario is when Walmart refuses to repair or replace defective work equipment.
Causation
Proving a breach of duty to care is not enough. Your injury attorney must prove that the accident was a direct consequence of the other party’s negligence. Additionally, you need to demonstrate that their negligence was the direct cause of your injuries. This is the most crucial part, as the accused may try to disprove your claim that they directly caused your accident.
The first anecdote is the perfect example of Walmart questioning the customer’s arguments and finding a loophole that could relieve them of liability. A victim’s biggest hurdle, especially in a claim against a big company, is ensuring their evidence is sufficient and proving its credibility.
Damages
Damages refer to the injuries or losses you suffered from the accident. For example, the injuries you sustained from slipping inside Walmart led to high medical bills and lost income from missing work. These financial losses are damages that a skilled personal injury lawyer can help you pursue. They can gather sufficient evidence to establish these elements and prove Walmart’s negligence in your case.
Comparative Negligence Laws Concerning Walmart Injury Cases
California follows pure comparative negligence laws, which means that even parties who are 99% at fault for an accident can still claim for the 1% damage they are not liable for. It also states that the victim could receive a reduced award if the other party proves they are partially liable.
Note that Walmart may choose to go this route. They will challenge the validity of your evidence against them until you back down or agree to a lower settlement.
Working with an experienced personal injury attorney can help you navigate your case or lawsuit against Walmart. They will communicate with the involved parties on your behalf while protecting your best interests. They will also advocate for your rights, especially when your claim is taken to court.
Frequently Asked Questions
How Much Is The Average Settlement For Walmart Slip-And-Fall Accidents?
Settlement amounts for Walmart slip-and-fall cases vary significantly based on the unique circumstances of each case, including the severity of injuries, medical expenses, and other factors. Our lawyers who handle slip-and-fall accidents can help you understand what factors may influence the value of your specific claim.
What Happens After You Agree To A Settlement With Walmart?
After you settle with Walmart, both parties will sign a legally binding document detailing the agreement. Then, Walmart’s insurance company will review the document and approve it. Once approved, you can expect to receive the agreed-upon compensation within the next few days or weeks.
What Is The Biggest Walmart Settlement?
We cannot provide information about Walmart’s largest personal injury settlements, as most settlement agreements are confidential. However, Arash Law achieved a notable settlement of $41.9 million in the case referenced above, which was handled by one of our attorneys, Brian Beecher, Esq. This case involved clients who were injured in a violent incident at a Walmart store.
Do You Have A Walmart Personal Injury Horror Story Of Your Own? Call Us For Help
If you are looking for personal injury attorneys to handle your Walmart case, our team at Arash Law can provide legal support. We take cases on a contingency fee basis, meaning you pay no attorney fees unless our personal injury attorneys successfully recover compensation on your behalf. Case-related costs may still apply regardless of the outcome. You can discuss all fee arrangements in detail during your consultation with our legal team.
We have experience with personal injury claims across the state, particularly in premises liability and product liability cases. Our injury attorneys have experience in going against retail giants like Walmart and other large companies.
Our accident lawyers are committed to advocating for your rights and helping you pursue fair compensation for your injuries. When Walmart contests every aspect of your claim, you can consult our personal injury lawyers, who can help you understand your rights.
Contact our injury lawyers for a free, no-obligation consultation. You may also call us at (888) 488-1391 or complete our “Do I Have A Case?” form to know if you can sue Walmart for personal injury. Our car accident lawyers can also help you with other personal injury claims, including motorcycle accidents, truck accidents, and Lyft and Uber accidents.
