People who have sustained injuries at a Walmart store may sue the company in some cases. Customers and employees may wish to file a lawsuit if they believe that negligence led to their injuries at one of these locations.
A lawsuit against a large and well-known corporation like Walmart presents challenges, victims with valid claims can recover damages. Working with a knowledgeable attorney is essential if individuals wish to recover compensation following an accident at Walmart.
When Is It Possible to Sue Walmart?
Walmart must provide a safe environment for customers, which involves identifying certain potential dangers and eliminating them when possible.
Because of this, you may sue Walmart if the company is negligent in a few key ways:
- Walmart caused a dangerous condition
- Walmart was aware of the condition but failed to take the proper steps to remove it
- Walmart wasn’t but should have been aware of the dangerous condition
To prevent potential lawsuits, most companies work to prevent potentially unsafe situations through inspections of stores. This keeps the premises consistently safe and makes the company aware of any issues that could put customers at risk.
Specifically, accident victims may file a lawsuit based on premises liability law. These laws vary depending on the state. The law works differently depending on whether people on a property are invitees, licensees, or trespassers. In Walmart, customers count as invitees. These individuals require property owners to provide the highest level of protection. This entails taking the appropriate steps to ensure all invitees are safe when visiting the property.
Although Walmart can’t necessarily guarantee complete safety for every customer, the corporation can make its stores reasonably safe.
While invitees comprise most injury victims filing lawsuits against an enterprise like Walmart, others may sue in some instances. Licensees, whom Walmart invites to their property for non-commercial purposes, may file premises liability lawsuits if they sustain injuries. Meanwhile, trespassers generally cannot file lawsuits outside of rare instances.
What Makes Walmart Lawsuits so Challenging?
Victims can file lawsuits against Walmart for injuries resulting from negligence. However, it will be difficult because Walmart possesses liability insurance that falls under the company as opposed to third-party insurers. Most businesses have liability insurance to protect them against lawsuits involving premises liability and injuries sustained on their property.
Typically, businesses will go through other insurance companies to procure their coverage. The difference with a company like Walmart is that it has created its own insurance company to deal with premises liability lawsuits.
As a self-insured company, Walmart provides direct payment for any settlement or verdict resulting from premises liability claims. Subsequently, Walmart can take certain steps to avoid covering damages, including economic and non-economic damages that victims may sustain.
That Walmart carries insurance means you need a lawyer who can successfully maximize your chances of a successful outcome. Lawyers who sue Walmart will know what Walmart intends to do with each case and can anticipate the company’s actions. They can also work to build a successful case by gathering plenty of evidence to support their clients’ claims.
Types of Walmart Accidents
Walmart premises liability and personal injury cases may involve several accidents and injuries. To successfully win a lawsuit against Walmart, you must prove that you deserve the compensation you wish to recover. The amount of money the court awards in a settlement will depend on the nature of the damages that victims sustain and the ability to prove that Walmart was responsible for them.
Walmart accidents may involve any of the following incidents:
- Trips and falls over other patrons
- Trips and falls over products, equipment, or other items on the floor
- Motor vehicle accidents in the parking lot
- Falling objects from high shelves
- Slip and fall accidents on slippery surfaces in the store
- Falls on water, ice, or other elements in the parking lot
- Injuries resulting from potentially harmful products in the store
- Battery or assault involving intentional harm
How Does Walmart Handle Injury Claims?
When filing a lawsuit against Walmart, the company will likely fight it, much like other enterprises. It will do so via Claims Management, Inc., which is Walmart’s insurance company. This company will track, organize, manage, and determine the settlement amount for all claims involving Walmart property accidents. In the process, Claims Management will investigate each claim, process claims, obtain statements from victims and others, and perform other tasks to complete the claims process.
Types of Recoverable Damages in Walmart Lawsuits
If you or a loved one sustained injuries due to negligence on Walmart property, this could significantly impact victims’ lives. In lawsuits involving Walmart, victims may be able to recover various damages, including a combination of economic and non-economic damages.
Medical Expenses and Lost Income
Victims may recover two main economic damages from Walmart lawsuits: medical bills and lost wages.
Some specific costs of medical care may include:
- Initial treatment
- Hospitalization
- Medical devices
- Surgery
- Therapy
- Appointments with medical professionals
- Future medical expenses
Additionally, injuries may affect a person’s ability to earn income through work due to recovery or disability.
These losses may include:
- Regular income
- Tips
- Bonuses
- Employee benefits
- Overtime pay
- Paid time off
- Commission
Property damage resulting from an accident may also count toward your total economic damages.
Pain and Suffering
In addition to economic damages, victims may sustain certain non-economic damages. These account for the pain and suffering the victim experiences from the accident.
Some examples of pain and suffering include the following:
- Depression and anxiety
- Anger
- Grief
- Humiliation or embarrassment
- Loss of enjoyment of life
- Loss of quality of life
- Disfigurement
- Loss of consortium or companionship
Unlike economic damages that come with specific quantities, it’s often harder to calculate non-economic damages because of their more subjective nature. This makes it important to seek lawyers who sue Walmart for help with calculating these and other damages. The right attorney can help determine the total value of a case and work toward recovering the full amount.
Steps to Take After an Accident at Walmart
If an individual gets into an accident at a Walmart, or if they’re in an accident involving Walmart property such as a delivery truck, they should take certain steps to secure the best possible outcome. Taking the right actions may help prepare a claim or lawsuit and increase victims’ chances of succeeding with their cases.
Seek Immediate Treatment
The first step anyone should take after getting into an accident is to check to see if they have any injuries. Even if injuries don’t appear serious, they could develop into more severe or even life-threatening injuries later. This is why it’s best to seek medical attention immediately after the accident.
If injuries seem minor and don’t require immediate medical attention, you may be able to stay at the scene and collect some evidence to help support a claim. Otherwise, you may be able to return to the scene later.
Gather Sufficient Evidence
After an accident at Walmart, you should try to capture as much photo or video evidence at the scene of the accident. For instance, if you tripped and fell over a product in an aisle, you should record footage of the item. Even if you’re unsure whether this proves that the object was there before recording videos or photos, other evidence such as in-store CCTV footage may support your claims. You should also capture images of the surrounding area.
If any witnesses saw the accident, you could ask them for their names and contact details. Witness testimony could go a long way in supporting your claims. Other evidence could include property damage, which could include anything from vehicle damage to damaged articles of clothing.
Although you may be able to obtain surveillance footage in Walmart stores to back your claims, you need to act fast in obtaining it. This is because many security camera systems tend to automatically erase and record over footage due to limited storage space.
Outside of the accident scene, you can also gather additional evidence in the form of medical records and records of lost wages, among other documentation. In a pain journal, you may also want to write about your personal experience with the recovery process and general suffering. This journal would detail how you feel every day and your experiences in life following the injury. This journal could then help with calculating non-economic damages.
Speak to a Walmart Accident Attorney
Victims of accidents at Walmart are often unfamiliar with how the legal process works. On the other hand, Walmart has likely dealt with similar cases and knows how to handle new ones. Remember that Walmart may try to obtain a statement from you at a time that’s not ideal for you. For example, Walmart may request an official statement from you early on in the legal process when you’re recovering, unsure about the nature of your injuries, or otherwise unprepared. In turn, your case may suffer if you give a statement that compromises you.
This makes it important to avoid communicating with Walmart. This includes avoiding signing any paperwork Walmart sends you through its insurance company or another third party. Instead, speak with an attorney who has experience in these matters. The right lawyer may be able to help negotiate with Walmart and work to prevent any potential issues from arising when communicating with this corporation.
File a Lawsuit as Soon as Possible
Andrew G. Finkelstein, Personal Injury Lawyer
Every lawsuit has a statute of limitations that gives plaintiffs a limited time to file. In most states, this statute of limitations is around two to four years following an accident. To avoid limiting or even eliminating options regarding compensation following a Walmart accident, you should file as soon as possible with the help of an attorney. Also, the sooner you begin the legal process, the less time you’ll need to wait to reach a favorable outcome if you qualify for compensation.
Contact an Experienced Walmart Accident Lawyer
Following an accident on Walmart property that results in injuries or even the death of a loved one, victims and their families may be able to seek full compensation for all economic losses along with pain and suffering. To secure the best possible outcome in a case and determine if you can sue Walmart, schedule a free consultation with an experienced attorney. You can find out your options and learn how to start a claim or lawsuit against this company.