California Walmart Slip-And-Fall Lawyers
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Our Walmart Slip-And-Fall Lawyers Provide Personalized Support After An Injury
Did you slip and fall at Walmart while shopping and are now suffering from severe injuries? Our Walmart slip-and-fall lawyers from Arash Law are ready to guide you through the legal process. Call us at (888) 488-1391 to schedule an initial consultation with our attorneys, free of charge.
Imagine — you are walking through the aisles of Walmart, pushing your shopping cart. Before you know it, you are on the ground and starting to feel some discomfort. You’ll probably feel tempted to blame yourself for being clumsy and discreetly leave in embarrassment. Some might not take slip-and-fall accidents seriously, but they can lead to severe injuries and unexpected medical expenses. In such unfortunate instances, you may need a Walmart slip-and-fall lawyer to inform you about your legal options.
Our slip-and-fall attorneys can advocate for you if you’ve experienced a slip-and-fall incident at Walmart. Contact us to discuss your case. We’re available 24/7 to take your questions.
Why Speak To Walmart Slip-And-Fall Lawyers?
Filing slip-and-fall and other personal injury lawsuits against a giant like Walmart is no easy feat, as it’s among the biggest companies in the world. Arash Law’s slip-and-fall injury lawyers can help you. Under the guidance of Arash Khorsandi, Esq., our team assists clients in pursuing damages after a slip-and-fall incident.
It is advisable to get a lawyer for a slip-and-fall accident at Walmart for the following reasons:
- Experienced Walmart slip-and-fall lawyers can help you determine your legal options and assess if you have a valid case.
- Your lawyers can negotiate with the company or insurer on your behalf.
- Additionally, your attorneys can collect and preserve evidence that can support your case.
- Lastly, they can represent you for your entire legal process, allowing you to focus on your recovery.
Professional Legal Services From Walmart Slip-And-Fall Attorneys
Walmart injury cases can be challenging. Victims may require the legal assistance of attorneys in seeking damages.
Our Walmart slip-and-fall lawyers at Arash Law offer the following:
- Relevant Experience — We have experience handling personal injury cases, including slip-and-falls. With our knowledge and familiarity with premises liability laws and other regulations, we can support you with your claim.
- Commitment to Our Clients — Once we take on a case, we align our goals with our client’s objectives. This commitment is reflected in our contingency fee structure, where clients pay no upfront lawyer fees. We only receive payment if we secured compensation for our clients. We can explain this arrangement, along with other potential costs, during our meeting.
- Client-Centric Approach — At Arash Law, we consider our clients’ well-being one of our priorities. We understand that you’ve been through a lot. So, our goal is to manage the legal procedures involved in a claim on your behalf. Our team is ready to listen to your concerns and answer your questions.
Do you think Walmart was at fault for your slip-and-fall injury? If so, fill out our contact form to schedule an initial meeting.
Marin v. East West Building Services (settled on 8/2/2023) – Third Party Compromise and Release settlement involving a window washer who sustained a traumatic brain injury and other trauma when he fell from a height. Workers’ Compensation contributed $1,325,000 as part of this global settlement.– TINA ESHGHIEH
Common Causes Of Slip-And-Fall Accidents at Walmart
As claimed by the National Floor Safety Institute (NFSI), slip-and-falls result in more than one million visits to the emergency room annually. Meanwhile, per the Centers for Disease Control and Prevention (CDC), slips, trips, and falls frequently cause preventable injuries in retail stores.
Here are some common reasons for slip-and-fall incidents in Walmart stores:
- Spilled liquid on the floor.
- Garbage overflowing from trash cans.
- Debris in the aisles.
- Merchandise that falls down.
- Recently cleaned or polished floors.
- Tiles that are not secure or carpeting that is worn out.
- Cracked pavement in the parking lot.
Did you slip and fall in a Walmart bathroom or their store’s aisle? You may be able to pursue compensation if you were injured because of their negligence in maintaining a safe environment. Under premises liability law, Walmart must exercise reasonable care to maintain safe conditions for customers. If it fails to meet this duty and a customer sustains injuries, the store may face liability for the damages.
Common Injuries In Walmart Slip-And-Fall Accidents
Slip-and-fall accidents at Walmart can cause various injuries, depending on the accident’s circumstances and your condition before the incident. Below are five typical injuries that victims can sustain after a slip-and-fall accident:
- Fractures and Broken Bones — Fractures and broken bones are common injuries caused by slip-and-fall accidents. These injuries are more likely to occur when someone falls from a high place or lands on a solid surface. Fractures can happen in various body parts, such as the arms, legs, or torso, ranging from minor cracks to severe breaks.
- Sprains and Strains — If a person accidentally slips on a wet floor at Walmart, they may experience sprains and strains. These injuries can occur when the tissue that connects bones is stretched or torn.
- Contusions — A bruise, or a contusion, happens when blood vessels get damaged under the skin. Bruises can happen when you fall and hit something or when there is pressure on the skin.
- Lacerations — A laceration is an injury where the skin is cut or torn. It can happen if you accidentally come into contact with a sharp or uneven object, or your skin gets scraped against a rough surface.
- Head Injuries — Slip-and-fall incidents can lead to head injuries, such as concussions and traumatic brain injuries (TBIs). These injuries can be severe and need urgent medical care.
Establishing Liability For Your Walmart Slip-And-Fall Accident
Slip-and-fall accidents at Walmart are considered premises liability cases because property owners, like this retail giant, are responsible for maintaining a safe environment. Slip-and-fall cases against Walmart, however, can be challenging. We can help you with your claim. Our personal injury law firm has experience handling similar cases.
If you or your loved one suffered an injury because of a slip-and-fall on Walmart’s premises, you may have the right to pursue compensation through a personal injury claim.
There are a few main steps to establish liability in this case.
Show That The Store Had A Duty Of Care To Keep You Safe
To establish a party’s liability for your case, you must first prove that they had a duty of care to you. Now, all property owners are responsible for taking reasonable precautions to ensure the safety of guests.
If you or your loved one were injured in a slip-and-fall accident on Walmart property because of unaddressed hazards or safety issues, you may be able to seek compensation for your losses. Walmart has a responsibility to make its stores safe for visitors.
Show That The Store Breached This Duty
As the injured party, you need to show that the company did not take reasonable steps to maintain safe conditions within the premises. Negligence, in legal terms, means not acting with the same level of care that a reasonable person would have in similar circumstances, as defined by the Legal Information Institute (LII). It could be considered negligence if Walmart or its management didn’t fix a hazardous situation, like a tripping hazard.
Walmart can only be held responsible for your injury if its employees have a reasonable time to notice the dangerous condition. Say, a customer spilled a drink in an aisle and slipped less than a minute later. In that case, it is unlikely that Walmart is at fault. The store might be responsible if the spill remained for a long time or if the employees knew about other tripping hazards but did not fix them.
That said, here are more careless reasons for slip-and-fall accidents in Walmart:
- The pavement or floor has large cracks.
- The floors become wet when it rains because there are no mats by the doors.
- The sidewalks are unsafe.
- There are spilled products on the floor.
- The floors have been recently mopped or waxed without any warning signs.
- The carpeting is bunched, torn, or frayed.
- The ceilings are leaking.
- There are potholes in the parking lot.
- The lighting is not adequate.
- The environment is not kept clean.
Show That Your Injury Was Caused By The Breach Of Duty
You must show that Walmart’s carelessness directly caused your injury. One way to prove the occurrence of an injury is through your medical bills. However, additional evidence, such as surveillance tape, pictures of the hazardous condition, or witness statements, may be required to demonstrate this. It is crucial to establish that your injury was a direct consequence of the dangerous condition that Walmart negligently permitted.
What Is Comparative Negligence, And How Does It Affect My Walmart Slip-And-Fall Case?
Walmart could also claim that you share some responsibility for your injuries. This is called comparative negligence, where blame is assigned to both parties involved in the accident. For instance, you slipped and fell on a spill in the store because you didn’t use the available hand railing. Or perhaps a falling object injured you, but you disregarded warning signs telling people to stay away from that area.
If Walmart can prove that you were also to blame for your injuries, any potential compensation may be reduced depending on your degree of fault. Your Walmart slip-and-fall lawyer can counter the dispute by showing evidence to prove that you were not at fault or that your contribution to the accident was minimal. They may present evidence showing that you acted reasonably and attentively during the incident or that Walmart’s negligence was the main factor in causing your injuries.
What To Do If You Had A Slip-And-Fall Accident At Walmart
Involved in a slip-and-fall accident at Walmart? Here’s what you should do:
- Seek Medical Attention Immediately — Your health and safety should be your priority, even if the injury is not apparent at first. Get a complete medical evaluation, as it’ll help you show that you have a valid reason to file a personal injury lawsuit.
- Inform the Store Manager or Customer Service Desk About the Incident — If the staff provides an accident report form, you must complete it. If they do not, ensure the incident is recorded in the store’s accident book as evidence.
- Gather Evidence Relevant to Your Case — Take a picture of the cause of the accident, such as a floor spillage, an unattended pallet, or a fallen sign. If there are witnesses, get their names and contact details. Requesting a copy of the surveillance tape as soon as possible is also advisable, as it might show Walmart’s negligence.
If you experience a slip-and-fall accident at Walmart, document any income lost from work and your daily routine. Keep track of receipts, medical treatments, and doctor notes on your injuries as proof. Remember, these kinds of evidence can support your claim. - Don’t Write or Sign a Statement Yet — Refrain from doing anything that could harm your case. Try not to agree to any settlements offered by Walmart or its insurer without consulting a lawyer first.
- Consult A Slip-And-Fall Walmart Attorney — Generally, slip-and-fall cases can be challenging. So, when seeking personal injury claims against a huge corporation, it can be beneficial to get help from a skilled attorney. A Walmart slip-and-fall lawyer can help you gather evidence and prepare your case.
How Our Walmart Slip-And-Fall Lawyers Can Help You
Victims and their families can face unfortunate consequences from a slip-and-fall accident, such as medical expenses, lost income, and emotional and physical suffering. Yet, seeking compensation from Walmart has its challenges.
Your Walmart slip-and-fall attorney can guide you through the legal process by taking specific measures, including the following:
Investigating The Circumstances Of The Accident
Proving that your slip-and-fall accident occurred on Walmart’s premises is just one step in establishing the corporation’s part in your injury. Your lawyer will need to gather key pieces of evidence to prove that Walmart allowed a dangerous situation to occur, which directly caused your injuries.
This evidence may include surveillance footage, witness testimonies, and photos or videos taken at the scene. Additionally, your Walmart slip-and-fall lawyer may use expert testimony from medical professionals to support your claims about how the injuries occurred.
Documenting The Victim’s Damages
A slip-and-fall claim must prove your losses from being injured at Walmart. Calculating personal injury damages is complicated but necessary. Depending on the circumstances, these damages may include economic costs such as medical expenses and compensation for lost wages, both past and future.
If the injury unfortunately leads to a long-term disability, you may also seek compensation for a permanently reduced ability to earn. Courts may also acknowledge non-economic losses from slip-and-fall accidents, such as physical pain, loss of enjoyment, and emotional distress.
Negotiating A Potential Settlement
In some cases, initial settlement offers do not completely cover the actual damages of the victims. However, your lawyer can help by presenting evidence, making counteroffers, and negotiating with the liable party. Taking Walmart to civil court may sometimes be necessary for certain cases.
When Can I Sue Walmart For My Slip-And-Fall Case?
Walmart is responsible for providing a safe shopping environment to its customers. This implies that the company should take appropriate measures to maintain safe conditions in its premises.
Walmart can be liable if it caused the unsafe circumstance that led to your injury. Or if they were aware of the dangerous situation but failed to take action to eliminate it. This is why many stores perform routine safety checks and identify any potential hazards on the property.
Can Walmart Employees Sue The Company After A Slip-And-Fall Accident?
If someone slips and falls because of unsafe conditions at Walmart, they may be able to seek compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the incident. This applies not only to shoppers but also to Walmart employees, non-Walmart workers providing services at Walmart, and any other person who experiences slip-and-fall incidents on Walmart property during store hours.
Walmart workers can receive workers’ compensation if they get injured while on duty. Keep in mind that workers’ compensation is a “no-fault” system, which implies that employees who sustain injuries are usually entitled to benefits regardless of who is at fault for the accident.
If you get injured in a slip-and-fall incident while working, our lawyers can handle workers’ compensation cases.
Types Of Compensation In Walmart Injury Cases
You might wonder: What factors affect compensation in slip-and-fall cases? The amount varies depending on the extent of your injuries. In a Walmart personal injury case, victims may be able to seek damages for:
- Medical Expenses — If you got hurt at Walmart, you might qualify for compensation to pay for your medical bills. This covers the expenses of any medical care you receive, such as emergency room visits, hospital stays, physical therapy, medical equipment like crutches or wheelchairs, prescription medications, surgeries, and in-home care or rehabilitation services.
You must provide proof, like medical bills and receipts. That’s why keeping a record of all your medical costs related to the accident is crucial, even if your insurance covers them. These documents can show how severe your injuries are and the financial consequences of the accident. - Lost Wages — Unable to work or missed work due to your injuries? Then, you may be eligible for compensation for lost wages. Simply put, you may seek reimbursement for any income you would have earned had you not been injured. To determine lost wages, you need to show evidence of employment, like pay slips or a letter from your employer, as well as evidence of the time you missed work due to your injuries.
Furthermore, let’s say your injuries lead to a permanent disability that impacts your capacity to make a living. In that case, you may also pursue compensation for lost earning capacity. Calculating this compensation type is commonly based on factors such as your age, level of education, professional background, and the seriousness of your injuries. - Loss of Consortium — The spouse or partner of an injured person may be eligible to seek compensation for loss of consortium in certain situations. Depending on the situation, this compensation may cover the loss of companionship, affection, and intimacy due to the injured person’s injuries. The amount of compensation awarded for the loss of consortium often depends on the duration and depth of the relationship and the impact of the injuries on the couple’s relationship.
- Pain And Suffering — Pain and suffering compensation is non-economic damage aimed at repaying victims for the physical and emotional pain they suffer because of injuries.
This may involve bodily pain, mental distress, emotional trauma, and a loss of pleasure in life. Assessing pain and suffering compensation can be more complicated, as there’s no fixed formula or norm for determining the worth of these damages. Typically, the extent of your injuries, the effect on your daily routine, and the length of your recovery will be considered when calculating the compensation amount for pain and suffering. - Punitive Damages — In some rare instances, a Walmart injury case may result in punitive damages. Punitive damages, unlike compensatory damages, intend to punish the defendant (in this instance, Walmart) for their careless actions rather than compensating the injured individual. Typically, these damages only apply if there is strong evidence of intentional harm or gross negligence.
If you have been injured in an accident at Walmart, seeking guidance from a knowledgeable personal injury attorney can be beneficial. A Walmart slip-and-fall lawyer can help you understand the various compensation options available to you.
We’ll Advocate For Your Rights Throughout The Case
It is vital to have a good grasp of the possible defense strategies of some corporations, including Walmart, and know how your lawyer can handle these potential challenges.
Denying Liability
Companies like Walmart may try to deny liability for accidents. They may claim that the hazard was not present long enough for them to be aware of it or that it was open and obvious. To counter this, Walmart slip-and-fall lawyers must collect proof to show that Walmart was responsible for your safety, failed in this duty, and that their negligence directly caused your injuries. Evidence could consist of video footage, statements from witnesses, and records of similar incidents at the exact location.
Comparative Negligence
Walmart might also claim that you were partly responsible for your injuries. This is called comparative negligence, where blame is assigned to both parties involved in the accident. Your compensation may be reduced if Walmart proves you were partially at fault.
If this is the case, your Walmart slip-and-fall lawyer will gather evidence to demonstrate that either you were not at fault or that your share of responsibility was minimal. They may present evidence showing you acted reasonably and with caution, or that Walmart’s negligence was the primary cause of your injuries.
Pre-Existing Conditions
In some cases, the company may deny responsibility for injuries sustained in its store, arguing that a pre-existing condition was the actual cause. Your Walmart slip-and-fall lawyer may need to present expert witness testimony, medical records, and other proof to establish that the injuries resulted from the accident. They may also need to prove that the accident worsened pre-existing conditions, leading to further harm.
Statute Of Limitations
Walmart could also use the statute of limitations, the deadline for filing claims, as a defense. If you don’t file your claim within the timeframe, Walmart can argue that your slip-and-fall case should be dismissed.
Your Walmart slip-and-fall lawyer should be knowledgeable about the statute of limitations in your area in order to file your case on time. If any particular circumstances or extensions to the statute of limitations apply to your case, your lawyer should be able to present these arguments.
It is essential to understand Walmart’s defense strategies in personal injury cases. A Walmart slip-and-fall lawyer can provide legal support for injury victims to address the company’s approach in these cases.
Frequently Asked Questions About Walmart Slip-And-Fall Claims
If The Floor Was Wet And Slippery On A Rainy Day, Can The Store Be Held Responsible?
The short answer is it’s possible. When it comes to the safety of the premises, Walmart and its employees owe a legal duty to their customers. Rainy days require the store and its employees to take some precautions to protect customers from wet floors, especially at entrances. These include placing wet floor signs, mopping the floors as needed, and setting orange cones around the area. Walmart may be liable for an injury caused by a slip and fall if it fails to take any of these precautions to prevent people from getting injured on a rainy day.
What Is The Statute Of Limitations For Filing A Walmart Injury Lawsuit?
The time limitations for filing a personal injury lawsuit differ from state to state. In many states, you have a window of two to three years from the injury date to file your lawsuit. Seek advice from a Walmart slip-and-fall lawyer immediately to avoid missing the deadline for your slip-and-fall case.
Is It Still Possible To Sue Walmart If I Do Not Report The Injury Immediately?
Although promptly informing the store about the injury is recommended, not doing so doesn’t automatically prevent you from filing a lawsuit. However, delaying the accident report might make it harder to prove your case. Walmart could claim that they are not responsible for your injury. Consult a lawyer to discuss your case’s details and determine the most suitable action.
How Long Does Resolving A Walmart Injury Case Take?
The time it takes to resolve a Walmart injury case can differ based on the case’s intricacy, the severity of your injuries, and the willingness of both parties to settle. Some cases may be resolved within a few months, while others may take several years. Your Walmart slip-and-fall lawyer can provide a more precise estimate after reviewing the details of your case.
Will My Walmart Injury Case Go To Trial?
Personal injury cases, such as those involving Walmart, are typically resolved through out-of-court settlements negotiated between your lawyer and the other party’s legal team. Your Walmart slip-and-fall lawyer may suggest pursuing your case in court if a reasonable settlement cannot be reached. In either situation, it is essential to have an attorney who can advocate for you and work to pursue compensation that may be available to you under the law.
What If I Cannot Afford An Attorney For My Walmart Injury Case?
A lot of personal injury lawyers only get paid if they obtain compensation on your behalf. This contingency fee basis alleviates your concerns about upfront legal charges. But of course, make sure to discuss the lawyer’s fee structure during your first meeting to understand the terms of the representation.
Contact Our Walmart Slip-And-Fall Lawyers To Help You With Your Case!
Taking on Walmart after an accident can be tricky. For one thing, they have the financial means and insurance coverage to handle serious injuries. They also have a team of lawyers prepared to dispute claims.
If you have been injured at a Walmart because of an unsafe environment, you can pursue a claim with help from a Walmart slip-and-fall attorney from Arash Law. Our attorneys, under the direction of Arash Khorsandi, Esq., have years of experience in handling personal injury cases. Call (888) 488-1391 for a free initial consultation.
