Slip and fall accidents at Walmart often occur when store employees, managers, and others fail to clean up spills or repair defects within a reasonable amount of time. When Walmart shoppers are involved in a slip and fall, they can suffer serious injuries, including broken bones, head injuries, open lacerations, and soft tissue injuries, all of which may require ongoing medical treatment.
If you recently suffered injuries in a slip and fall accident that occurred at a local Walmart, you may be entitled to recover compensation for your losses. An experienced Edmonton premises liability lawyer can examine the circumstances of your fall, review your legal options, and pursue the compensation you deserve for your injuries.
Walmart Makes Slip and Fall Claims Difficult
Walmart is the highest-grossing retailer in North America. With such deep pockets, you might expect the corporation to pay injury claims rather easily, since it is a drop in the bucket. However, the opposite is often true.
Walmart keeps its prices low by reducing its costs as much as possible, including liability claims and insurance costs. Walmart also self-insures, which means you will be dealing with a subsidiary of the corporation when you file a claim.
Walmart and its representative play hardball regarding liability claims, especially slip and falls. They can make the process challenging every step of the way. You need a skilled slip and fall lawyer representing you and fighting for compensation from the very start of the process. The right lawyer gives you the leverage to take the corporate giant and uphold your rights.
How do Walmart Slip and Falls Usually Happen?
Slip and fall accidents at Walmart can occur for various reasons, often leading to injuries. One common cause of these accidents is wet or slippery floors. Spills from products, such as beverages or liquids from damaged containers, can create hazardous conditions. Additionally, rainwater tracked in from outside during inclement weather can make floors slick, increasing the risk of falls.
Another factor contributing to slip and fall accidents is inadequate signage or warning of potential hazards. Without clear indicators, such as wet floor signs, customers may not be aware of dangerous areas and can inadvertently slip and fall.
Uneven or damaged flooring poses another risk. Cracked or uneven surfaces may cause individuals to trip and lose their balance, resulting in falls. This issue may be exacerbated in areas where there is heavy foot traffic or where shopping carts are frequently maneuvered.
Cluttered aisles and merchandise left in walkways can also contribute to slip and fall accidents. Items that are not properly stored or organized may obstruct pathways, causing customers to trip over them. Additionally, crowded aisles can make it difficult for individuals to navigate safely.
Poor lighting is another factor that may increase the likelihood of slip and fall accidents. Dimly lit areas can obscure hazards, making it harder for customers to see potential dangers and react accordingly. This is especially problematic in areas such as stairwells or entryways where visibility is crucial.
Lastly, inadequate maintenance and neglect of safety protocols can contribute to slip and fall accidents. Failing to promptly clean up spills, repair damaged flooring, or address other hazards can create unsafe conditions for customers. Regular inspections and maintenance are essential for mitigating these risks.
Who Can be Responsible for a Slip and Fall Accident at Walmart?
In the event of a slip and fall accident at a Walmart store, several parties may be fully or partially responsible. The primary parties that can be held responsible include Walmart itself, third-party vendors or contractors, and potentially other customers.
Walmart, as the owner and operator of the store, bears a significant responsibility for maintaining safe conditions within its premises. This obligation includes regular inspections to identify and address any potential hazards that may lead to slip and fall accidents. If Walmart fails to uphold this duty and neglects to take appropriate measures to mitigate risks, such as promptly cleaning up spills or repairing damaged flooring, the company may be deemed liable for any resulting injuries.
Additionally, third-party vendors or contractors hired by Walmart to perform various tasks within the store premises can also share responsibility for slip and fall accidents. For instance, if a contractor conducting maintenance work leaves tools or equipment in walkways without proper warning signage, they may contribute to hazardous conditions that lead to accidents. In such cases, both Walmart and the involved contractor may be held accountable for any injuries that customers sustain.
Determining the extent of responsibility for a slip and fall accident at a Walmart store typically involves evaluating various factors, such as the store’s maintenance procedures, adherence to safety protocols, and the actions of all parties involved. Evidence such as surveillance footage, witness testimony, and documentation of store maintenance activities may be crucial in establishing liability. Ultimately, each case is unique, and liability can vary depending on the specific circumstances surrounding the accident.
Injuries in a Walmart Slip and Fall Accident
In slip and fall accidents at Walmart stores, the resulting injuries can vary in severity but often include common types of harm. These injuries typically stem from the sudden loss of balance and impact with the ground, often due to hazardous conditions like wet floors, uneven surfaces, or cluttered aisles. The most common injuries sustained in these accidents include:
- Sprains and Strains – One of the most frequent injuries in slip and fall accidents is sprained or strained muscles, tendons, or ligaments. This can occur when the individual tries to brace themselves during the fall, resulting in overstretching or tearing of soft tissues.
- Fractures – Another common consequence of slip and fall accidents is bone fractures, which occur when the force of impact exceeds the strength of the bone. Fractures can affect various bones in the body, including wrists, ankles, hips, and arms, depending upon how the person falls to the ground.
- Contusions and Bruises – Impacts with the ground or nearby objects during a fall can lead to contusions, commonly known as bruises. These occur when blood vessels beneath the skin rupture, causing discoloration and tenderness in the affected area.
- Head and Brain Injuries – Falls can also result in head injuries ranging from concussions to more severe traumatic brain injuries (TBIs). Head injuries may occur if the individual strikes their head on a hard surface during the fall or if they experience whiplash-like motion upon impact.
- Back and Spinal Cord Injuries – Slip and fall accidents can cause back injuries, including sprains, strains, herniated discs, or even damage to the spinal cord. These injuries can lead to chronic pain, limited mobility, and, in severe cases, paralysis.
- Open Cuts and Abrasions – Contact with sharp objects or rough surfaces during a fall can cause cuts, scrapes, and abrasions on the skin. While these injuries are often minor, they can become infected if not properly cleaned and treated.
- Soft Tissue Injuries – In addition to sprains and strains, slip and fall accidents can result in other soft tissue injuries, such as tears in muscles, tendons, or ligaments. These injuries can cause pain, swelling, and limited range of motion.
Injuries from slip and fall accidents at Walmart stores can have significant physical, emotional, and financial repercussions for victims. Seeking prompt medical attention and legal advice is essential to ensure proper treatment and potential compensation for all damages incurred.
Successfully Proving a Slip and Fall Accident Case Involving Walmart
To prove a slip and fall accident case against Walmart, you need to gather evidence and show that the store was negligent in some way. Some of the most important steps to take include:
- Document the Scene – Take photos of the area where you fell, including any hazards like water or debris on the floor. Make sure to note the date and time of the incident.
- Seek Prompt Medical Attention – Visit a doctor or hospital to get checked out after your fall. Document any injuries sustained and keep thorough records of all medical treatment.
- Report the Incident – Inform Walmart staff immediately after the accident. Ask them to fill out an incident report, and make sure to get a copy for your records.
- Collect Witness Statements – If there were any witnesses to your fall, ask them to provide written statements detailing what they saw. Their testimonies can strengthen your case.
- Preserve All Evidence – Keep any clothing or shoes worn at the time of the accident as evidence. Avoid washing or altering them, as they may contain important clues about how the accident occurred.
- Review Any Video Surveillance Footage – If available, request surveillance footage from Walmart that captures the area where you fell. This visual evidence can further support your claim.
- Establish Negligence – To prove Walmart’s negligence, you must show that they failed to maintain a safe environment. This may include failing to promptly clean up spills, neglecting to fix broken flooring, or failing to warn customers of hazards.
- Document Past Incidents – Research if there have been similar accidents at the same Walmart location in the past. This can demonstrate a pattern of negligence on the part of the store.
- Consult with an Experienced Premises Liability Lawyer – Consider retaining a personal injury lawyer who has experience with slip and fall cases. They can provide legal guidance and help you navigate the claims process.
- File a Claim – Once you have gathered sufficient evidence, file a claim against Walmart. This typically involves submitting a demand letter outlining your injuries, damages, and the basis for your claim.
- Negotiate or Litigate – Walmart may offer a settlement to resolve the case out of court. If the settlement is fair, you can accept it. If not, you may choose to pursue litigation and take your case to court.
- Be Patient – Slip and fall cases can take time to resolve. Stay patient and persistent throughout the process, and trust in the legal system to deliver a fair outcome.
By following these steps and building a strong case, you can increase your chances of successfully proving a slip and fall accident case against Walmart.
Recovering Damages for Slip and Fall Injuries
Following a slip and fall accident at Walmart, there are several types of damages you can recover. These damages aim to compensate you for the losses you’ve experienced due to the accident. Here are the main types of available monetary damages:
- Lost Income – If your injuries from the slip and fall accident have caused you to miss work or have resulted in a decrease in your earning capacity, you may be entitled to recover lost income. This compensation aims to make up for the income you would have earned if you hadn’t suffered an injury.
- Pain and Suffering – Pain and suffering damages are intended to compensate you for the physical pain, discomfort, and emotional distress resulting from your injuries. These damages are more subjective and can vary, depending upon the severity of your injuries and how they have affected your daily life.
- Emotional Distress – In addition to pain and suffering, you can also recover damages for emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD), resulting from the slip and fall accident. This compensation acknowledges the mental and emotional toll of the incident.
- Loss of Life Enjoyment – If your injuries have diminished your ability to participate in activities or hobbies that you once enjoyed, you may be entitled to compensation for your loss of life enjoyment. This can include activities like sports, travel, or spending time with family and friends.
In cases where Walmart’s conduct was particularly egregious or reckless, punitive damages may be available. These damages are intended to punish Walmart and deter similar behaviour in the future. However, punitive damages are less common and typically require a higher burden of proof to establish.
Speak with an Experienced Premises Liability Lawyer in Your Area Today
If you recently sustained injuries in a slip and fall that occurred at a local Walmart store, you may have legal options available. A knowledgeable Edmonton personal injury lawyer can meet with you right away to discuss the circumstances of your accident and take the necessary steps on your behalf. Your lawyer can also file a personal injury claim or lawsuit, aggressively negotiate with insurance company representatives, or litigate your case to a resolution in the Alberta Court System.
