At Maison Law, we have extensive experience in representing victims of slip-and-fall accidents. Slipping and falling in Fremont, especially in places like Walmart, can lead to serious injuries. If you’ve been injured in one of these unfortunate accidents, our team is here to guide you through the recovery process. Contact us for a free consultation to understand your legal options and get the support you deserve.
Why Would You Need a Lawyer?
Throughout California, including in Fremont, there’s no rule that says you have to hire a lawyer for a minor slip and fall. If your injuries aren’t serious, you can seek assistance directly from Walmart and they’ll probably put you in touch with their insurance company to take care of everything. However, if your fall resulted in serious injuries or was traumatic, our team is here to provide the help you’ll need.
Our firm operates on a “contingency basis,” meaning you won’t face upfront costs. Our fee comes from a percentage of the settlement or trial verdict. This benefits you by avoiding immediate expenses, and it motivates us to work diligently to maximize your case’s value and cover our costs. That said, needing a lawyer depends on your situation. However, the benefits can make the process much easier on you. Here’s how we typically approach these cases:
- Evaluating your claim – We’ll check the details of your incident to understand how strong your case is.
- Legal guidance – We’ll guide you on what steps to take based on your situation.
- Collecting evidence – We’ll gather proof like videos or witness statements to support your case.
- Negotiating with Walmart – We’ll talk to Walmart and their insurers to try and get a fair settlement for you.
- Supporting you in court – If needed, we’re ready to represent you in court.
- Building a strong case – Our aim is to make sure you get the result you need for your damages and other losses.
- Handling the legal responsibilities – We’ll take care of all the legal responsibilities of your claim, making sure everything is done correctly and on time. This will let you focus on your physical recovery.
How Liable is Walmart?
When there’s a slip and fall at a Walmart, the store itself is going to be partially responsible, at the very least. Every business in Fremont has the duty to keep you and other shoppers safe, and when that doesn’t happen, the store and its management will carry some level of liability.
To figure out just how responsible they are, it depends on whether Walmart:
- Knew about a potential issue or hazard but didn’t fix it.
- Should have known about the problem but didn’t take reasonable steps to address it.
While liability depends on the circumstances, common causes that lead to injuries and Walmart’s potential liability include:
- Floors made slippery due to leaks or spills
- Uneven tiles or surfaces
- Insufficient lighting
- Obstructed walkways
- Damaged floor mats
- Staff lacking proper training or being careless
Walmart is usually held responsible if any of these conditions lead to an accident. However, legal factors are considered, such as:
- Were you allowed to be there legally?
- Did Walmart know about the hazard?
- What steps did Walmart take to fix the issue?
For instance, if you’re trespassing, Walmart’s responsibility is lower. But if you’re shopping and slip on a wet floor that the store knew about but didn’t fix, Walmart is likely liable for your injuries.
Multiple parties, including Walmart employees, other shoppers, contractors, product manufacturers, and even security companies, could share liability with the store and company. Identifying all parties involved is crucial for your overall recovery, but your immediate actions following the incident play a crucial role in shaping the legal process.
What Do You Need to Do?
The question of what you need to do after the slip and fall at Walmart is also going to depend on the circumstances. After all, you don’t walk into a Walmart and expect to encounter circumstances where you’ll be injured. However, if it does happen, here’s how you should respond:
- Prompt medical attention – Quickly seek medical care to evaluate injuries or damages.
- Report the incident to Walmart management – Inform Walmart management about the incident for official documentation. They may create a report and review video footage. This will also force them to take action.
- Evidence collection – Slip-and-fall incidents at Walmart often leave behind evidence, such as photos and videos.
- Thorough documentation – Carefully document injuries and incident details, including the location and any signs or warnings about potential hazards.
- Keeping up with treatment – Follow your doctor’s treatment advice to prevent injuries from worsening.
Injuries
By following the above steps and providing this evidence, our team can help construct a strong claim addressing your injuries and damages resulting from the slip and fall. However, the extent of your recovery depends on the circumstances of your case, particularly the nature of your injuries. In a typical slip and fall, these injuries range from:
- Injuries to your head and brain, like concussions, skull fractures, and traumatic brain injuries (TBI), can occur when your head strikes the ground or another object during a fall.
- Back or spine injuries have the potential to cause paralysis.
- Breaking the fall can lead to fractures, especially in your wrists, arms, hips, and ankles.
- Soft tissue injuries, such as sprains, strains, and contusions, are common in most slip and fall accidents.
- Cuts and bruises may occur on your face, head, and body.
- Emotional trauma, like anxiety, depression, and post-traumatic stress disorder (PTSD), is also a possible consequence.
Across the spectrum of slip and fall accidents, you can actually expect to be faced with multiple injuries. As a result, the legal process becomes extremely important to your overall recovery by giving you access to damages.
Damages in a Slip and Fall Claim
Going up against Walmart in the legal system can be extremely intimidating. As one of the world’s largest and most profitable companies, Walmart has vast resources to defend itself against injury claims that happen in their stores. But it’s vital to understand that not only do you have the law on your side, you can have our time stand by you. In terms of the actual legal process, you generally have these options:
- File with your insurance company, where you report your injury to your insurance provider, and provide essential documents like medical records and police reports, crucial if the case goes to court.
- File a claim against Walmart or the at-fault party’s insurance, where you seek a settlement from Walmart’s insurance for smaller claims or faster resolutions. For larger claims, a formal lawsuit may be necessary.
- File a lawsuit, where we help you file a personal injury lawsuit in civil court against Walmart. This involves negotiation, litigation, and possibly a trial. The discovery process begins after filing, where both sides exchange information.
It’s crucial to note that slip-and-fall accident claims have a “statute of limitations,” requiring filing within two years from the injury date. Missing this deadline means you can’t take legal action.
Once filed, though, our team will provide strong support. A successful claim can help recover vital financial support known as “damages.” Typically, this involves things like:
- Medical expenses
- Lost wages or earning potential
- Pain and suffering
- Emotional distress
- Expenses tied to the loss of enjoyment of life or companionship
While slip and fall incidents can happen frequently in Walmart, each case is unique. Further, the legal process can be intricate and time-consuming, but our team at Maison Law will be with you every step of the way.
Experienced Fremont Slip and Fall Accident Lawyers
At Maison Law, our experienced Fremont slip-and-fall accident lawyers understand how difficult it can be to get hurt at Walmart. With our dedication and your trust, we’ll make sure to support your case.
If you’ve had a slip-and-fall at Walmart or elsewhere in Fremont, contact us today to set up a free, no-obligation consultation.
