What Happens If I Fell At Walmart?

If you fall at Walmart, check yourself for injuries and seek medical attention. Let a supervisor know about the incident and ask for a copy of their written report. Document the scene and take photos of the hazard that may have caused you to fall.

Whether you slipped on a wet floor, stumbled on merchandise in an aisle, or fell on a ladder as an employee, you may have the right to pursue a fall injury claim in California.

Property owners and businesses, such as Walmart, have an obligation to keep their premises reasonably safe for visitors. If they knew of a danger and didn’t fix or warn you about it, they may be liable.

What you do after the accident may dictate how strong your potential claim is. In the following sections, learn about the proof you need to gather, the legal deadlines you might have to follow, and the process you may go through.

The Aftermath Of A Fall Accident For Walmart Customers

A slip, trip, or fall accident in a Walmart can cause severe sprains, broken bones, spinal cord damage, or a traumatic brain injury. These injuries often require extensive medical treatment, physical therapy, and chiropractic care.

The cost of medical care, prescription medicine, and long-term therapy can quickly add up. If your injury limits your ability to work, you may also lose income and job security, adding to the stress.

If Walmart failed to comply with health and safety regulations and to address hazards promptly, it may be liable for your injuries and related losses. For example, an employee needs to mop up spilled drinks. They must then take reasonable steps to warn customers of a slippery floor. If the store fails to address hazards or warn customers about them, its actions may indicate negligence.

Now, how can you seek compensation for your injuries and losses? You can pursue an insurance claim against Walmart or file a civil case when necessary.

What To Do After A Fall At Walmart

Immediately after a fall accident at Walmart, check for injuries and let a Walmart employee know about what happened. Next, document the scene before anyone cleans up or removes the cause of your fall.

Here are recommended steps you can follow to prioritize your health and help protect your potential claim:

1. Seek medical attention.
2. Report the accident to a Walmart employee.
3. Take photos and videos of the scene.
4. Obtain witness statements or their contact info.
5. Ask for a copy of the incident report.
6. Request surveillance footage of your fall.

Tip: Avoid providing recorded statements to Walmart representatives, and don’t sign any releases without first consulting a lawyer.

Walmart’s Insurance Policy

Unlike most retail stores, Walmart is self-insured. So when you file an insurance claim, a third-party administrator that handles liability claims will review it. This setup is beneficial for Walmart, but it can disadvantage injured customers. The store has full control over accepting and rejecting personal injury claims.

If Walmart rejects your claim or disputes the amount, provide additional evidence. However, you also have the option of suing Walmart for the incident.

Filing A Lawsuit Against Walmart

When Walmart refuses to compensate you even when evidence says they’re negligent, you can file a civil case against the giant retailer. Before filing a lawsuit, make sure you understand your state’s statute of limitations or legal time limits.

In California, you usually have two years from the date of your injury to file a personal injury lawsuit. This deadline also applies to slip-and-fall cases at Walmart. If the injured victim is a minor, the legal deadline pauses and only begins when they turn 18. That gives them until their 20th birthday to file a case. Failing to file on time may result in the dismissal of your case.

It’s thus ideal to start preparing your case as soon as possible. It gets harder to gather evidence and build a strong case the longer you wait. Witness memories can fade, and security systems can overwrite surveillance footage in a matter of days.

Proving Walmart’s Negligence In A Fall Accident

To establish that you have a valid injury claim, demonstrate store liability by showing that Walmart knew or should have known about the dangerous condition. From here, prove that they still failed to fix it or warn you about it, thereby directly causing your injury and measurable losses.

Slip-and-fall injury claims in California fall under premises liability law. Its provisions focus on the negligence of property owners or businesses. To prove negligence, you need to establish these four elements:

• Duty of Care: The store had a duty to keep its premises reasonably safe for customers.
• Breach of Duty: It failed to exercise reasonable care to ensure the property was safe. Typically, victims must prove Walmart had either:
  • Actual notice, or direct knowledge of, the hazard.
  • Constructive notice, meaning they should have discovered a dangerous condition through regular property inspections or maintenance.
• Causation: You fell and got injured because of the hazard that they didn’t address. The incident wouldn’t have occurred if only they had fixed the hazard or warned you about it.
• Damages: You suffered actual, measurable losses. You can prove this by showing medical bills, out-of-pocket expenses, and records documenting your pain and suffering.

Other Potentially Liable Parties For Your Walmart Fall Accident

Other parties can share liability for your fall accident at Walmart. For instance, a maintenance company, vendor, supplier, security agency, or contractor could have contributed to your injuries.

Here are example situations where other parties may share some fault:

• Maintenance or Cleaning Companies: If they fail to properly clean a spill, mop a floor, or maintain the premises.
• Third-Party Vendors/Suppliers: If they leave boxes in an aisle, make a mess, or spill products.
• Construction Contractors: If they don’t address or warn about unsafe wiring or uneven flooring.

In some cases, multiple parties can be liable for a fall at Walmart. California’s comparative fault rule would allow courts to assign each of them a percentage of fault. Victims can also be liable, such as if they ignore wet floor signs or walk while distracted.

Though an injured party can still seek compensation under comparative fault, a court can reduce their potential award. For example, if it finds a victim 30% liable for their injuries, it would deduct that percentage from their total damages.

The Aftermath Of A Fall Accident For Walmart Employees

If you get injured in a fall while working at Walmart, prioritize seeking medical attention. Report the incident to your manager and request a copy of the incident report. Also, note who witnessed what happened and take photos of the scene.

Fall injuries can be costly to treat. Injured Walmart employees might need to recover for weeks or months. Such injuries can affect their income and add more financial burden.

That’s where workers’ compensation benefits come in. It covers medical costs and lost wages if the fall happened during work. Eligible employees also don’t have to show that Walmart was negligent. They can seek benefits regardless of who is at fault.

Walmart’s Workers’ Comp Insurance

Since Walmart is self-insured, it also has its own workers’ compensation insurance policy. It pays for medical bills and wages lost due to work-related injuries. In California, Claims Management, Inc. (CMI) primarily manages workers’ compensation claims against Walmart.

How To File A Workers’ Compensation Claim

It’s important to prioritize your immediate medical needs. However, it’s important to note that workers’ comp claims also have reporting and filing deadlines. Walmart employees injured while working must follow this insurance claims process:

1. Report the Injury: In California, employees have 30 days from the date of the accident to notify their manager or supervisor about their injury.
2. Get a DWC-1 Claim Form: After you notify Walmart of the work-related injury, they must give you a DWC-1 form within one working day.
3. Keep Medical Records: Continue ongoing medical treatments and follow your doctor’s recommendations. Medical records are crucial in injury claims.
4. Complete and Submit the Form: Fill out the form and return it to your manager. You have 1 year to submit the formal claim. Save a copy for your documentation.

Note: Workers’ compensation is an exclusive remedy for injuries sustained at work. That means once you get the benefits, you can’t sue your employer for negligence anymore.

The Possibility Of A Third-Party Claim

Generally, seeking workers’ compensation benefits means you can’t file a case against your employer. However, you can still file a lawsuit against another responsible party that’s not affiliated with Walmart.

For example, a manufacturer of the defective ladder you fell from could share some liability for your injuries. Another example is when a contractor creates a safety hazard that causes you to fall.

In these situations, you can pursue a third-party claim at the same time. That can be helpful because, unlike workers’ comp cases, such claims allow you to pursue compensation for intangible losses such as the pain and suffering caused by your injuries.

How Can A Slip And Fall Lawyer Help?

Walmart slip-and-fall lawyers assist injured victims in seeking compensation for their injuries and losses. They help with liability, workers’ compensation, and personal injury claims.

Here’s what these personal injury attorneys do:

• Review Cases: Slip-and-fall lawyers can assess your case and discuss its merits. They’ll also guide you in deciding whether it’s better to settle or file the case in court.
• Gather Evidence: They collect evidence, including photos, surveillance footage, maintenance records, and, if available, eyewitness accounts.
• Identify Liable Parties: They investigate the accident and identify potentially liable parties.
• Calculate Damages: They calculate your total damages. They consider your current and future medical bills, lost income, emotional distress, and other injury-related losses.
• Communicate with Insurers: They handle correspondence with insurance companies and negotiate for fair compensation.
• Represent You in Court: If Walmart or another liable party refuses to compensate you fairly, your attorney can file a lawsuit and represent you in court.

Many slip-and-fall lawyers work on a contingency-fee basis, which can be helpful for those seeking legal counsel without paying upfront costs. If you’re asking, “Do lawyers only get paid if they win?” the answer is yes if they follow the same fee structure. A contingent fee is a payment arrangement in which your lawyer only gets paid if they win your case or secure a settlement.

Frequently Asked Questions About Walmart Fall Injuries

It is essential to understand your rights and the laws governing fall accidents at Walmart. In fact, some victims seek free advice from slip-and-fall lawyers to understand their rights and options.

Below are answers to some of the most frequently asked legal questions about slips, trips, and falls at Walmart.

If I Slipped And Fell In Walmart, Do I Automatically Win?

No. One 2019 in-store incident at Walmart shows why. Here, a woman sued the retailer after falling while shopping. Though she claimed Walmart failed to fix a hazard despite knowing about it, the court dismissed her case for lack of evidence.

To win a slip-and-fall claim against Walmart, you must have enough proof to clearly show that a dangerous condition existed before your accident. In addition, Walmart must have known or reasonably should have known about it. Next, you need to present evidence demonstrating that the store failed to address this hazard or warn you about it, directly causing your accident.

Surveillance footage and maintenance logs are often the best way to establish fault in cases like these. However, Walmart typically owns this data and may refuse to provide it to protect its business interests. Getting legal representation can be helpful in these scenarios, as a lawyer can often request the relevant proof from the company on your behalf.

What Kind Of Injuries Can A Slip And Fall At Walmart Cause?

Broken bones, torn ligaments, head injuries, and spinal injuries are just a few of the major injuries that can result from a slip and fall. The severity of the fall depends on two factors: the type of fall and the victim’s age.

These injuries can have long-term consequences. For instance, traumatic brain injuries can result in permanent cognitive impairment, but their symptoms don’t always manifest right away. That said, it is critical to seek medical attention right away, even if you feel fine or your injuries appear minor.

What Compensation Can You Recover After A Walmart Fall?

Injured victims can seek compensation for economic and non-economic losses. Economic damages include medical costs, lost wages, reduced earning capacity, and other related out-of-pocket costs. Non-economic damages include emotional distress, permanent disfigurement, and loss of enjoyment of life.

Can I Sue Walmart If I Was Assaulted In The Parking Lot?

If you get assaulted in a Walmart parking lot with inadequate security, you may have grounds for suing. You must demonstrate that Walmart was negligent. For example, it may have failed to provide proper lighting or security or ignored known risks.

The evidence you gather at the scene can support your claim later on.

Does Walmart Usually Settle Out Of Court?

Most personal injury cases, including those involving Walmart, are resolved out of court. However, Walmart is renowned for its defense strategies. If it believes taking a case to trial is in its best interests, it might be more inclined to do so.

Settling or going to trial usually depends on the strength of your evidence against the retailer and the severity of your injuries.

Does Walmart Pay You If You Get Injured At Work?

Walmart provides workers’ compensation benefits to its employees. The company is self-insured but uses a third-party administrator to manage workers’ comp claims.

Any injury sustained while performing your job duties or at work qualifies for workers’ comp, regardless of who was at fault. It covers:

• Injuries from one-time incidents, such as slipping on a wet floor.
• Diseases and other long-term health issues, such as lower back pain.

What Causes Employee Fall Injuries At Walmart?

Walmart employees face many fall hazards in different areas. There’s the high-traffic sales floor, and there’s the warehouse’s intensive environment. Some slip-and-falls occur due to water leaks from malfunctioning coolers. Meanwhile, employees might fall off ladders while retrieving items for customers. These incidents can lead to head trauma, fractures, and back injuries.

Call Arash Law Today For A Free Case Evaluation

Walmart has a legal obligation to keep its stores reasonably safe for customers, employees, and other visitors. You could be eligible to file a claim against it if it failed to implement fall prevention measures, resulting in your fall injuries.

Injured victims may find it challenging to face Walmart’s large legal team alone and think, “I need a personal injury lawyer on my side.” If that’s the case, Arash Law is here to help. We have an experienced team of slip-and-fall lawyers who advocate for the rights of injured victims.

Whether through an insurance claim, a workers’ compensation claim, or a personal injury lawsuit, our team can help you pursue compensation for your injuries and losses.

Schedule a free initial consultation today by calling AK Law at (888) 488-1391. Discuss your case and learn about the legal options available to you.