Walmart is one of the world’s most successful companies, bringing in billions in revenue every year. In California alone, there are 309 stores throughout the state. At Walmart, there are a number of different conditions that can sometimes lead to slip-and-fall accidents.
Experiencing a slip and fall incident, whether personally or with a loved one, can cause various injuries, making the situation more complex. If you are involved in a slip-and-fall accident at a California Walmart, it’s important to know that you have legal rights and choices. However, the specific circumstances of your accident play a significant role in determining these rights and options.
Consider Working With Our Team At Maison Law
At Maison Law, we know the challenges you may encounter following a slip and fall accident at a California Walmart. Many times, these accidents happen because of negligence by store managers or associates. Our team of skilled personal injury lawyers in California is committed to offering you the legal advice and assistance you need.
For more information about your options and how we can help, please don’t hesitate to contact us to set up a free, no-obligation consultation.
How Can a Slip and Fall Happen at a California Walmart?
One of the most difficult things about a slip-and-fall accident at a California Walmart is that it can happen at any time, many times without warning. However, in the vast majority of cases, there are underlying causes that lead to the incident. Every Walmart in California is laid out in generally the same way, but not every store is managed and supervised in a way that can prevent a slip-and-fall. Some of these causes include:
- Wet or slippery floors from spills or leaks.
- Poorly maintained flooring, with damages or uneven surfaces.
- Lack of adequate warning signs for potential hazards.
- Cluttered walkways obstructed by merchandise.
- Insufficient lighting in certain areas.
- Negligent maintenance and lack of regular inspections.
- Slippery conditions during rainy weather.
Although it’s impossible to prevent every slip and fall accident, you can take steps to reduce the chances of being involved in one. These steps include:
- Being aware of your surroundings.
- Wearing appropriate footwear.
- Using handrails when available.
- Taking your time and being cautious.
- Reporting any hazards you come across.
While these precautions can lower the risk of a slip and fall accident, it’s crucial to protect yourself if one does occur. This involves safeguarding your legal rights and addressing the factors and causes of the accident to prevent similar incidents in the future for others.
Walmart’s Liability After a California Slip-and-Fall Accident
When you go to Walmart to shop, there is an implicit agreement between you, the customer, and the store itself. They agree to reasonable measures to keep you and other customers safe while inside the store, and you agree to act in a way that won’t get you hurt.
That said, when conditions result in a slip-and-fall accident, you’ll need to show that Walmart created these conditions, and as a result, is liable for your injuries. In legal terms, this is known as “negligence.” In order to prove that Walmart was negligent, you’ll need to establish the following:
- Finding the responsible party – Figuring out who is responsible for the property where you got injured might be complicated, but it’s crucial to know who to hold accountable. Generally, whenever you slip and fall at a Walmart, the store itself is responsible.
- Failure in maintenance – Once you know who the operator or owner of the Walmart is, you need to show that they didn’t take proper care of the property, which led to your injury.
- Proving your injury – You have to provide evidence that you were actually injured. Keep track of medical bills and documents related to your injury.
- Walmart’s role in your injury – You must demonstrate that Walmart’s actions (or lack of action) significantly contributed to causing your injury, even if it wasn’t the only reason for it.
With these elements covered, you can then move forward with filing a claim against Walmart. However, this isn’t always straightforward, so it’s helpful to have experienced personal injury lawyers on your side to help.
How Can Walmart Blame Me For a Slip and Fall Accident in California?
Walmart is a huge company with vast resources. Thus, even if you can show that they failed to take the necessary precautions that prevented you from slipping and falling and being injured, they may still try to put some of the blame on you. Usually, they do this in the following ways:
- Comparative negligence – Walmart may say you were partly at fault because you weren’t careful or wearing proper shoes. In California, if you’re found partly responsible, your compensation could be reduced accordingly.
- Assumption of risk – Walmart might claim you knew about a danger (like a wet floor with warning signs) but still walked there, accepting the risk of injury.
- Failure to report – Walmart could argue you didn’t quickly tell store staff about the hazard or your injury, which could have prevented more accidents.
- Reasonable inspection and maintenance – Walmart may say they regularly check and maintain their premises, and the hazard happened shortly before your accident, so they couldn’t know about it.
- Open and obvious hazards – If the hazard was so apparent that a reasonable person would have noticed and avoided it, Walmart might argue it can’t be fully responsible for the accident.
To counter these, you can take the following steps:
- Seek medical help.
- Inform personnel about the incident.
- Document evidence, like taking photos and videos.
- Avoid giving statements to an insurance representative or adjuster.
These steps will help you assess your injuries and start the process of setting up your claim. After that, our team of skilled California personal injury lawyers can help you by assisting you throughout the legal process.
How Can Our California Personal Injury Lawyers Help You After a Walmart Slip-and-Fall?
Whenever you’ve been injured after a slip and fall at a Walmart in California, it’s important to fully explore your legal options. Importantly, you may be worried about your expenses. Our firm works on a “contingency basis,” so you don’t have to pay upfront costs. We get paid a percentage of the settlement or trial verdict. This arrangement benefits both you and us. You avoid expenses you can’t afford, and we have a strong incentive to work hard to maximize your case’s value and cover our costs.
In terms of the legal process, you have three main options to start your claim: filing with your insurance company, filing against the at-fault party’s insurance, or filing a lawsuit.
- Filing a claim with your insurance company – Start by reporting your injury to your insurance company. Provide important documents like medical records and police reports, which become crucial if the case goes to court.
- Filing against Walmart’s insurance company – You can demand a settlement from Walmart’s insurance company before suing. This option is suitable for smaller claims or quick resolutions. For larger claims, you may need to go to court.
- Filing a lawsuit – The last step involves filing a personal injury lawsuit against Walmart. These can be complex and involve negotiation, litigation, and possibly a trial. The discovery process starts after filing the lawsuit, where both sides exchange information and may object to specific requests.
One important thing to keep in mind is that California slip-and-fall accident claims have a “statute of limitations.” This means that there is a two-year deadline from the injury date to file a lawsuit. Missing this deadline means losing the chance to pursue a lawsuit.
However, once your claim is filed, our team will support you throughout the process. Ultimately, a successful claim against Walmart can help you recover damages, like:
- Medical expenses
- Lost wages from missed work
- Costs related to your pain and suffering
- Costs related to your loss of enjoyment of life or companionship
- Punitive damages, in some cases
If the case goes to trial, it can be lengthy and costly, with unpredictable jury decisions. Throughout this process, our firm will keep you informed and work with you for the best outcome.
Protect Your Rights Today With California Personal Injury Lawyers
If you or a loved one got injured at Walmart, Maison Law can assist you. Our team of experienced California personal injury lawyers has years of combined experience dealing with Walmart, its insurance companies, and others involved in slip and fall accidents. Our goal is to ensure you receive fair compensation for injuries caused by these stores and to protect your legal rights. To get started with a free consultation, contact us today.
