At Maison Law, our attorneys have extensive experience assisting victims after they have been hurt in slip-and-fall accidents. You never expect to be injured in a Walmart store, but dangers can exist around every corner. If you have sustained harm in one of these unexpected and unfortunate accidents, you have legal options. Contact us for a completely free consultation and the support you deserve.
Do I Need a Lawyer for a Walmart Slip-and-Fall?
No one ever imagines going into Walmart and leaving with a life-changing injury. But with the millions of people going in and out of Walmart every day, it does happen. For example, say you’re doing some shopping at the Walmart on Colony Street off Hwy 99 in Bakersfield, and you slip and fall over a puddle of partially melted ice cubes and you shatter your tailbone on the tile floor. Now, you can barely stand back up on your feet. What do you do?
A typical response would be to file a claim with the company’s insurance and make a personal injury demand for compensation. However, Walmart is different than most companies because they do not purchase insurance from a third party. Instead, they’ve created their own insurance company to handle their liabilities called Claims Management, Inc. This allows Walmart to handle their claims more efficiently, but it also gives them the incentive to deny claims and avoid paying them.
For these reasons, it is advisable to reach out to a Slip-and-Fall Attorney at Maison Law. Our law firm stands up for the rights of injured victims in Bakersfield. Walmart’s insurance is supposed to be there for slip-and-fall victims when they are injured. Maison Law will take legal action on your behalf to hold them to that responsibility to ensure you are fully compensated for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if Walmart, or a Walmart employee, engaged in intentionally reckless behavior, then you could sue for punitive damages
Is Walmart Liable?
If a slip-and-fall happens at Walmart, the store itself is almost always going to be partially liable or fully liable depending on the circumstances. A Walmart store owner has the duty to keep you and other shoppers safe from harm. If the store has acted negligently in any way and it causes you harm, you may have a claim. To determine liability, you will have to show the following aspects:
- Walmart knew about a potential hazard and did nothing to fix it.
- Walmart should have reasonably known about a hazard but did not address it.
There are many hazards that exist in Walmarts throughout Bakersfield that could lead to a slip and fall, which include slippery floors, uneven floor surfaces, damaged floor mats, and more.
What Do You Do If You Get Injured at Walmart?
Let’s say you’re shopping at a Walmart Supercenter in Bakersfield and you trip over a loose wire left in the middle of an aisle and hit your head. What should you do?
First and foremost, seek medical attention. Nothing is more important than your health. Seeking medical attention will also benefit your slip-and-fall claim if you decide to take legal action. In most cases, failing to get treatment can hurt your case because it could make the argument that you weren’t injured enough to require medical treatment.
After you’ve been medically treat, here is a list of things you should do after a Walmart slip-and-fall injury:
- Report the injury to Walmart. Injuries at Walmart are not uncommon and they require a prompt investigation. Meaning, they will take your written statement, photograph your injuries, and review the video surveillance evidence.
- Take your own photos and get all the witness’s information (if there are any). Walmart will typically remove a hazardous condition very quickly, so it is important for you to capture the dangerous environment while it is still there. This will strengthen your case and make it difficult for Walmart to deny your claim.
- Follow up on your injuries with a doctor. Some injuries take time to manifest and won’t show up until days or weeks later. Anything you’ve sustained from your slip-and-fall accident at Walmart will become a part of your case, and you will need a doctor to corroborate your injuries.
Here are things you should NOT do once you’ve been injured inside a Walmart:
- Do not write or sign any statements. You are not required to sign anything. Being involved in an accident can put you into an altered state and you may not be thinking straight. So, it is advised to decline signing anything until you’ve spoken with an attorney.
- Do not provide Walmart or its claims adjusters with a recorded statement. Walmart’s claims adjusters are experts at tricking victims into taking the blame for their injuries or dissolving Walmart of any responsibility for the hazardous environment they created.
- Do not accept any early settlement offers. Take the time to decide if you would like to pursue a claim or not. Walmart wants to settle quick and for the lowest amount possible. But you should not rush to settle, especially if you’re unsure of how significant your injuries are.
What Happens If I File a Lawsuit Against Walmart?
If you file a lawsuit against Walmart, you will be considered the plaintiff and Walmart will considered the defendant. The lawsuit will be accusing Walmart of a premise liability. Premises liability is a violation of providing a safe environment for guests entering a premises. This is covered under California’s Civil Code 1714(a):
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Once you’ve made Walmart aware you are suing them, you will have to prove:
- Created a dangerous condition to exist on its property, or allowed one to manifest
- Knew about a dangerous condition but did nothing to fix or remove it
- Reasonably should have known the hazardous condition existed and did nothing about it
Next, you will have to show that:
- Your injuries were due to the dangerous condition
- You suffered harm that can be verified by a doctor or hospital
If you are successful in bringing forth this lawsuit, you will be able to recover compensation for the damages you’ve suffered. At Maison Law, we can help you build a strong case to protect your right to compensation and from liability if Walmart attempts to place blame on you for the accident.
Examples of Settled Claims Against a California Walmart
An example of a litigated slip-and-fall claim against Walmart includes Wilson v Walmart Stores Inc. In this case, a woman was shopping in a Walmart in Stockton, California. After warning her nephew about a puddle of water on the floor in the store’s garden center, she slipped and fell. The woman sustained a herniated disc in her back, which left her suffering from chronic pain. Her injuries required repeated surgeries. At trial, the jury awarded the woman a gross award of $350,000. However, the jury found the woman to be 50% at fault, which lowered her overall award to $175,000.
Another example of a litigated slip-and-fall claim against Walmart is Westphal v. Walmart Stores Inc. This case involves a 55-year-old woman who was working as a product demonstrator in a Walmart store in California. She slipped and fell on a wet, concrete floor, landing on her back and suffering serious injuries. The woman’s injuries resulted in chronic pain and had to use crutches and other mobility devices for months. At trial, the jury awarded the woman $8,000 in economic damages and $150,000 for non-economic damages.
As you can see, settlement amounts differ on a case-by-case basis because no case is the same. Essentially, the details of your case will determine what it is worth. In the next section, we’ll cover some of the details that could reduce the value of your slip-and-fall injury.
What Factors Could Decrease the Value of my Walmart Slip-and-Fall Settlement?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. A skilled Slip-and-Fall Lawyer at Maison Law will be able to highlight the reasons you deserve to be compensated, while also protecting you from the factors that could reduce your compensation. These include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability.
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
Damages in a Slip-and-Fall Claim Involving Walmart
It can be disheartening and intimidating to face Walmart and its big-name insurance companies. With many resources to protect their interests, you may find it impossible to move forward with a claim. However, with a knowledgeable attorney on your side who understands the legal process in California, you have options for recovery.
Some types of damages you may be eligible for in a claim include:
- Medical expenses of the past, present, and future
- Lost income from time missed at work
- Physical pain and suffering
- Emotional distress
- Expenses tied to loss of enjoyment of life
- Therapy costs
Families may also be eligible for wrongful death benefits if a loved one has lost their life in an accident. In California, you have a limited time to bring a claim, which is why you should act quickly to protect your rights. It is two years from the time of your injury being discovered for you to bring a successful personal injury claim.
Contact a Bakersfield Slip-And-Fall Lawyer Today
It can be a difficult and challenging experience to become involved in a slip-and-fall accident at Walmart. At Maison Law, our Bakersfield slip-and-fall lawyers are here for you and dedicate our time to helping you through the complex legal process. We will help you gather evidence and meet deadlines regarding your claim so that you can find success at this time. Please contact us today for a no-obligation case consultation.
