Maison Law represents injury victims in negligent security incidents throughout California. These types of things can happen anywhere, but are more common at places of business, and this includes stores like Walmart. When you get hurt, our team of negligent security lawyers can help you through the legal process. Contact us today for a free consultation to learn more.
Should You Work With Our Lawyers?
Being in any type of accident, regardless of where it happens, can be very scary. However, a negligent security incident–or where you get hurt because your security was compromised–is even scarier because it involves a breach of your personal space. At the same time, taking legal action might not even be necessary for you, especially if the incident or your injuries were just minor.
Still, as an injury victim, you have legal rights in California, even when it happens at a Walmart. While there’s no legal requirement that says you have to have a lawyer, working with our team in these situations can be very beneficial to you. Here are a few ways we approach these cases:
- Initial meeting and investigation – Our first step is usually to meet with you and get a description of what happened and your timeline of events. From there, we’ll investigate things and try to get a clearer picture of what happened.
- Evidence gathering – The relative strength of your claim is going to rest on the evidence you can provide. We can help you by gathering things like incident reports, medical records, surveillance footage, and other things that provide proof of what happened to you.
- Help with insurance – One way or the other, Walmart’s insurance company is going to be involved. We can use our resources and experience to communicate and negotiate with them, possibly getting you a settlement without even filing a lawsuit.
- Making things easier – More than anything else, we’re here to make things easier on you and your family. It can be overwhelming trying to handle your injuries and the claims process on your own. We can take that burden off of you.
Obviously, the help you need is going to depend on your circumstances and how serious your injuries are. That’s why it’s important to look at how these incidents happen–and what you need to do.
What Can Happen To You at Walmart?
There’s a lot of bad things that can happen to you when your security isn’t taken care of, especially in a place like Walmart. Usually, these things happen because of things like:
- Poor lighting
- Inadequate staffing or security measures
- Not vetting hires
- Failing to maintain security systems or other hazards
As it specifically relates to Walmart, this can of course lead to injuries. But what can happen to you can range from incident to incident. Still, here’s what you can expect to be dealing with:
- Physical or sexual assaults
- Battery
- Robbery
- Physical harm
- Emotional and mental harm
- Damage to your property
Walmart’s Liability
Just like any other business or property, Walmart has a basic duty to keep its customers safe while on the premises, including areas like parking lots.
When injuries happen, Walmart is typically held responsible, but several factors affect liability:
- Whether you were there legally (not trespassing)
- The overall condition of the premises
- Walmart’s awareness of potential issues
For instance, if you’re trespassing, Walmart’s duty to keep you safe is lower. However, if you get assaulted by someone in a part of the store where there’s low lighting or no working security cameras, Walmart’s management and perhaps even the company itself could be responsible.
But there could be several other parties that could share liability, including:
- Walmart employees
- Other shoppers
- Contractors
- Product manufacturers
- Security companies
As with any incident, what happened and who is responsible is very important to how your claim will play out. That’s why you need to make sure to do a few things after the incident to protect yourself.
What Do You Do After One of These Incidents?
Simply having the legal right to file an injury claim is only the starting point of what you need to do. The other part of the equation is taking initial steps to protect these rights. While we can assist you in this process, there are several steps you should take to protect your claim:
- Report the incident to Walmart – Once you’re able to get help, report the incident to Walmart management or an employee right away. Make sure they tell a supervisor or somebody in charge. Also ask them to create a report of the incident and ask for a copy.
- Document what happened – Record important information such as the date, time, location, people involved, and any witnesses. Take photos if feasible and preserve evidence like damaged property or clothing.
- Seek medical care – Whether you’re injured or not, make sure to get medical attention, either on site at Walmart or by going to an urgent care or emergency room. This will also create a record of the incident and your injuries.
- Call the police – If the security issue involves a crime, such as theft or assault, contact the local police. Provide all information and show them any evidence you’ve gathered.
- Answer any questions but be careful with statements – If there’s an internal or external investigation, fully cooperate. Share basic details, but be careful to not admit any fault and not say anything that could be used against you.
With these steps taken care of, you can begin to think about filing your claim. Whether you decide to file an insurance claim or lawsuit, we can guide you through to the end of the process. Hopefully, this will mean getting proper damages for what you went through.
Damages in a Claim
The overall goal of filing an injury claim is to get back a portion of what you lost. While you can never get back certain aspects, the law tries to take into account how the incident harmed you physically, emotionally, and financially. Most likely, you will require medical treatment, ongoing care, and assistance coping with emotional distress. Common damages sought in these claims include:
- Medical expenses
- Lost income
- Property damage
- Physical and emotional distress
- Diminished quality of life
- Loss of companionship
- Punitive damages in cases of severe negligence by Walmart
Again, these damages are general, and are going to depend on the extent of your injuries, how well you present your claim, and certain other aspects like filing on time and how much fault you may have contributed. In California, you have two years from the date of your injury to file a claim.
Dedicated California Negligent Security Lawyers
At Maison Law, our team is committed to building a strong case and negotiating firmly on your behalf when you’re hurt in a negligent security incident at Walmart. These things can have a hugely negative impact on your life, but we can help you. Contact us today to set up a free consultation if negligent security at Walmart has left you hurt.
