Sean | April 1, 2024

Why You Need a Lawyer after a Slip and Fall at Walmart

Slip and fall accidents at Walmart typically happen when property owners, managers, and employees fail to maintain the premises in a reasonably safe condition. If you recently suffered injuries in a Walmart slip and fall accident, you need to consult an experienced premises liability lawyer in your area right away. Your attorney can review the circumstances of your accident with you, gather evidence, and take the necessary legal steps to pursue the compensation you deserve.

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What are the Most Common Causes of Slip and Fall Accidents at Walmart?

Slip and fall accidents at Walmart can happen for various reasons, often due to hazardous conditions or negligence. Here are some of the most common causes of slip and fall accidents at Walmart stores:

• Spills and Wet Floors – One of the most common causes of slip and fall accidents at Walmart is spills or wet floors. These can occur in aisles, near checkout counters, or in other high-traffic areas where liquids are frequently handled. If not promptly cleaned up or marked with warning placards, wet floors can pose a significant hazard to Walmart shoppers.
• Inadequate Cleaning Procedures – Another common cause of slip and fall accidents is inadequate cleaning procedures. If Walmart fails to establish proper cleaning protocols or neglects to regularly inspect and maintain its premises, hazards such as spills, debris, or slippery surfaces may go unnoticed and unaddressed, increasing the risk of accidents.
• Faulty or Uneven Flooring – Slip and fall accidents can also occur due to faulty or uneven flooring at a local Walmart store. This may include cracked or broken tiles, loose floorboards, or uneven surfaces in parking lots or walkways. Poorly maintained flooring can create tripping hazards for shoppers and increase the likelihood of accidents.
• Cluttered Aisles and Walkways – Cluttered aisles and walkways can impede shoppers’ ability to navigate safely and may increase the risk of slip and fall accidents in stores. If Walmart fails to properly organize merchandise or remove obstacles from aisles, customers may trip over objects or lose their footing, leading to injuries.
• Lack of Adequate Lighting – Insufficient lighting in certain areas of the store, such as dimly lit aisles or poorly lit parking lots, can make it difficult for shoppers to see potential hazards and avoid accidents. Inadequate lighting can contribute to slip and fall accidents, especially in areas with uneven flooring or obstacles.
• Weather-Related Hazards – Slip and fall accidents at Walmart can also occur due to weather-related hazards, such as rain, snow, or ice. If Walmart fails to take appropriate precautions, such as salting walkways or providing mats at entrances, shoppers may slip and fall on slippery surfaces outside the store.

If you suffered injuries in a slip and fall accident at Walmart, an experienced premises liability lawyer can help you understand your legal rights and pursue total compensation for your injuries.

Common Injuries in a Walmart Slip and Fall Accident

Slip and fall accidents at Walmart can lead to a range of injuries, varying in severity from minor bruises to serious fractures or head trauma. Some of the most common injuries that individuals may suffer in a Walmart slip and fall accident include:

• Soft Tissue Injuries – Soft tissue injuries are among the most common types of injuries in slip and fall accidents. These injuries can include strains, sprains, and contusions, which result from the sudden impact or twisting motion during a fall. Soft tissue injuries can cause pain, swelling, and limited mobility, requiring rest, ice, compression, and elevation (RICE) therapy for recovery.
• Fractures and Broken Bones – Slip and fall accidents can also result in fractures or broken bones, particularly in the wrists, arms, ankles, knees, or hips. The force of impact or landing on a hard surface can cause bones to break or fracture, leading to severe pain, swelling, and difficulty moving the affected limb. Fractures may also require surgical intervention and prolonged immobilization for proper healing.
• Head Injuries – Head injuries are a significant concern in slip and fall accidents, especially if the individual strikes their head on the ground or a nearby object. Head injuries can range from concussions to traumatic brain injuries (TBIs), which may cause symptoms such as headaches, confusion, dizziness, memory loss, and reduced cognitive functioning.
• Back and Spinal Cord Injuries – Slip and fall accidents can also cause injuries to the victim’s back and spinal cord, resulting in ongoing pain and reduced mobility. In severe cases, these injuries may lead to spinal cord compression, herniated discs, or paralysis, requiring extensive medical treatment, rehabilitation, and ongoing care.
• Open Lacerations and Abrasions – During a fall, individuals may suffer cuts, lacerations, or abrasions if they come into contact with sharp objects or abrasive surfaces. These injuries can range from minor cuts and scrapes to deep wounds that may require stitches or sutures to close.
• Emotional Trauma – In addition to physical injuries, slip and fall accidents can bring about severe emotional trauma, such as depression, anxiety, or post-traumatic stress disorder (PTSD). Fear of falling again, embarrassment, and the stress of coping with injuries can all contribute to emotional distress following a slip and fall accident.

If you recently sustained one or more of these injuries in a slip and fall accident at Walmart, seeking prompt medical attention and consulting an experienced premises liability lawyer should be your top priorities.

Proving the Legal Elements of a Walmart Slip and Fall Claim

Successfully proving a slip and fall accident claim against Walmart involves establishing several legal elements to demonstrate that the company was negligent and responsible for the injuries that the victim suffered. Here’s how to effectively prove the key elements of a Walmart slip and fall accident claim:

• Duty of Care – The first step in proving a slip and fall accident claim against Walmart is to establish that the company owed a legal duty of care to the victim. As a property owner, Walmart has a legal obligation to maintain its premises in a reasonably safe condition for customers and visitors. This duty includes regularly inspecting the store for hazards, promptly addressing any dangerous conditions, and warning customers of potential risks.
• Breach of Duty – Once the duty of care is established, the next step is to show that Walmart breached that duty by failing to maintain safe conditions or adequately warn customers of hazards. This may involve proving that Walmart knew or should have known about the hazardous condition, such as a spill or uneven flooring, and failed to take reasonable steps to address it in a timely manner.
• Causation – To succeed in a slip and fall accident claim against Walmart, the victim must demonstrate that the company’s breach of duty was the proximate cause of their injuries. This requires establishing a direct link between the hazardous conditions on Walmart’s premises and the accident that resulted in the victim’s injuries.
• Notice – In some cases, Walmart may argue that it did not have actual or constructive notice of the hazardous condition that caused the slip and fall accident. To counter this defense, the victim may need to provide evidence showing that Walmart either knew or should have known about the dangerous condition through regular inspections, maintenance records, or prior incidents.
• Injuries and Damages – Finally, the victim must prove that they suffered injuries and damages as a result of the slip and fall accident. This can include medical records documenting the extent of the injuries, receipts for medical expenses, proof of lost income, and evidence of pain and suffering.

By gathering compelling evidence and effectively presenting their case, victims of slip and fall accidents at Walmart can improve their chances of proving the legal elements of their case and obtaining fair compensation for their injuries.

Factors that May Affect Compensation in a Walmart Slip and Fall Case

In a Walmart slip and fall accident case, several factors can influence the types and amounts of recoverable damages a victim may receive, including all of the following:

• Severity of Injuries – The severity of the injuries sustained in the slip and fall accident is a significant factor in determining the types and amounts of recoverable damages. More severe injuries, such as fractures, head trauma, or spinal cord injuries, may result in higher medical expenses, lost income, and pain and suffering, leading to greater financial compensation for the victim.
• The Extent of Medical Treatment – The extent of medical treatment required to address the injuries sustained in the slip and fall accident can also affect the recoverable damages. This includes expenses for emergency room visits, surgeries, hospital stays, rehabilitation, medications, and ongoing medical care. The cost of medical treatment plays a crucial role in calculating the economic damages owed to the victim.
• Effects on Daily Life – The effects of the accident victim’s injuries on daily life, including the ability to work, perform household tasks, and engage in recreational activities, can influence damages. If the injuries result in long-term or permanent disability, the victim may be entitled to compensation for loss of earning capacity, loss of enjoyment of life, and other non-economic damages.
• Evidence of Negligence – The strength of the evidence demonstrating Walmart’s negligence in maintaining its premises can affect the outcome of the case. Clear evidence, such as surveillance footage, witness statements, maintenance records, and incident reports, can strengthen the victim’s claim and increase the likelihood of recovering full damages.
• Insurance Coverage – The availability and limits of insurance coverage, including liability insurance held by Walmart, can affect financial recovery in a slip and fall case. Insurance policies may cover medical expenses, lost income, pain and suffering, and other damages up to certain limits.

By considering these factors, victims of slip and fall accidents at Walmart can better understand the types and amounts of recoverable damages available to them and work towards obtaining fair compensation for their losses. A skilled premises liability lawyer can provide valuable guidance and advocacy throughout the entire legal process.

Talk with an Experienced Premises Liability Attorney about Your Case Today

Upon suffering injuries in a Walmart slip and fall accident, you need to speak with a knowledgeable personal injury attorney experienced in premises liability cases in your area right away. Your lawyer can go over your potential legal options with you, take the necessary steps on your behalf, and pursue the compensation you need from insurance claims or a lawsuit.

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