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Walmart Personal Injury Horror 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 is willing to go the extra mile for a bit of profit. 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 against filing a claim or lawsuit. However, this should not demoralize those injured at Walmart from seeking compensation for their damages. Our aggressive yet compassionate injury attorneys can help accident victims pursue the financial recovery that the company owes them.
We’ve gathered some of the most notable personal injury horror 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 competent lawyers 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:
Injury Victims Recover $41,950,000
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., handled the case and fought for these clients’ rights. After months of preparation and an almost two-month-long trial, he was able to secure nearly $42 million in compensation for the injured victims. Since Walmart was found to be 50% responsible, a judgment exceeding $30 million was obtained against the retail giant.
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 $417,000 trust fund for long-term care.
Funnily enough, Walmart sued the victim to recollect 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 assured 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 faced enough complaints to have ironed out its strategies for getting out every time. They have always tried to free themselves from liability by directing the blame on 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 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.
Fortunately for the employee, they 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 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, 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 giving first aid to the customer, they insisted that the security staff help them move 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 a 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
Countless 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. The product caused over 2,000 hospitalizations and seven fatalities.
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 a settlement of $8.9 billion to plaintiffs thus far.
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 the extent of these lawsuits, Walmart continues to sell the said products to its customers. 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 $70,000 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). Powerhouse 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 about 5,000 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 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?
You might think that Walmart aims for a quiet out-of-court settlement to protect its image. However, this is rarely the case. Instead, the company utilizes its resources and takes an aggressive approach to deal with complaints and cases. This is believed to be the company’s way of discouraging others from filing cases and lawsuits against the company.
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 lawyers specializing in personal injuries handle:
- Product Liability — In a product liability case, an injury lawyer can partially hold Walmart liable for a victim’s injuries if it sells defective or dangerous items, even if the company is not the product manufacturer.
- Slip-And-Falls — The company also faces several slip-and-fall accident claims due to unaddressed tripping or slipping hazards within its store premises.
- Premises Liability — In addition to slip-and-falls, Walmart may also face premises liability cases for the unsecured storage of products that may be used as weapons inside its stores.
- Negligent Security — A victim injured in crimes such as assault or theft within the store premises may file a claim against Walmart for negligent security.
- Workplace Accident — Employees have the right to receive workers’ compensation benefits. Getting injured while restocking shelves, using malfunctioning equipment, or during any activity within the employee’s duties is considered a workplace accident and entitles employees to file a claim against Walmart. While seeking compensation from a big company can be challenging, helping you file a claim and proving your employer’s negligence are some things a workers’ comp lawyer can do for you.
These accidents are often the result of negligence on the part of Walmart as a property owner, and it is only fitting that you hold them accountable. 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 in your fight. Our industry-recognized personal injury lawyers are here to help you navigate the process and receive 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 to escape these situations easily. In addition, the retail giant has a team of corporate lawyers and endless resources to protect its bottom line.
One thing to know about Walmart is that it will try to get away as much as possible, even when it makes more sense to agree to a settlement with an injured victim. The company will go above and beyond to disprove a plaintiff’s claim against them.
Most businesses try to settle disputes discreetly in order to not tarnish their reputation. However, Walmart does the opposite and tackles these cases head-on. They mostly do it to scare others away and discourage them from filing claims in the future. Sometimes, Walmart succeeds in doing so — but that’s not to say you have no chance of getting compensation for your injuries anymore.
What To Do After An Accident At Walmart
Knowing what to do after an accident at Walmart protects your safety and helps you sue the retail giant and ultimately win.
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 foolproof claim requires calculated steps, sufficient evidence, and strong legal representation.
Here’s what you can do after an accident at Walmart to help you win 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 ensures that no health issues related to your accident are left untreated.
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. This is because 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 would be best 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 doctor’s 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 competent lawyer for injury cases, your chances of winning a case against Walmart will skyrocket. Look for an injury lawyer specializing in Walmart cases, such as our team at Arash Law.
Our personal injury attorneys are known for fighting aggressively and not backing down from any case. We always keep your best interests at heart and protect your rights 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 is crucial. If you suffer an injury while working at Walmart, acting swiftly to ensure your safety and securing your rights under workers’ compensation is essential. Here’s what you should do:
- 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 they manage the claim through their 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. They can help navigate the process, ensure your claim is fairly evaluated, and protect you against Walmart’s scare tactics.
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 specializes in workers’ compensation claims and has decades of experience advocating employee rights. We have a knowledgeable team of acclaimed lawyers ready to help you secure the benefits you deserve.
Personal Injury In California: How To Prove Walmart Is At Fault
To establish liability in a personal injury case, you need legal assistance from experienced injury lawyers to prove 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 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 will always 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
These 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 a skilled lawyer for a personal injury can help you recover. They will 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 implies that you could receive a reduced award if the other party proves you are partially liable.
Note that Walmart will always 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 is the best way to win a 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?
Most Walmart slip-and-fall settlements range from $15,000 to $45,000. However, the final amount that victims receive depends greatly on the unique circumstances of each case. Our lawyers specializing in slip-and-fall accidents can help you identify how much your case is worth.
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?
To date, the biggest settlement that Walmart has agreed to pay is $45 million for a class-action lawsuit accusing them of overcharging weighted goods and bagged citrus. The final hearing was scheduled for June 12, 2024, but there’s still no news about the verdict. Once approved, eligible claimants may receive compensation ranging from $10 to $500.
In the case of personal injury, Arash Law has obtained a remarkable settlement of almost $50 million on behalf of a Walmart customer who was brutally attacked inside the store.
Do You Have A Walmart Personal Injury Horror Story Of Your Own? Call Us For Help
If you are looking for good attorneys to sue Walmart for personal injury, the esteemed Arash Khorsandi, Esq., and his top-rated team at Arash Law are at your service! We take cases on a contingency fee basis, so you don’t have to pay anything upfront. We only get paid once we successfully recover your compensation. You can discuss it more during your onboarding process with our legal team.
We specialize in Walmart personal injury claims across the state, particularly premises liability and product liability cases. Our injury attorneys, adept at litigation, have decades of experience and a proven track record of going against retail giants like Walmart and other big companies. We have recovered over $500 Million in settlements and awards and have served over 3,000 clients thus far.
Our relentless accident lawyers will ensure you get the compensation you deserve. We will be your voice against giant corporations trying to reduce the accident to mere clumsiness or carelessness on your part.
You can trust that our personal injury lawyers will protect and uphold your rights, especially when Walmart contests every aspect of your claim. We will take your case as far as necessary to hold Walmart accountable for its shortcomings in maintaining a safe customer environment.
Contact our injury lawyers today 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 discuss how to sue Walmart for personal injury. Our record-setting personal injury attorneys can also help you with other personal injury claims, including car accidents, truck accidents, and Lyft and Uber accidents. Together, let’s recover the maximum compensation for your injuries and losses.