I was Injured at Walmart: What are My Legal Options?

Walmart is a corporate giant in the U.S. It is the largest U.S. retailer with over 10,000 stores in over two dozen countries. However, Walmart lawsuits arising from personal injury are increasingly becoming common. Noteworthy is that legal action can be pursued against any large corporation, and Walmart is not an exemption.

For this reason, if you or your loved one sustains a severe injury at Walmart, you have a right to pursue a premises liability claim. However, certain factors make this challenging. The primary one is that Walmart has a cadre of elite corporate lawyers who will work hard to ensure that they discredit any claims filed against the corporate entity. 

Also, the retail giant operates its own liability insurance. This is to the effect that the company can handle all the liability claims instead of using third party insurance-making it even more difficult for a personal injury lawsuit to be prosecuted successfully.

That said, although Walmart is a corporate giant, there are many instances where the company has been held liable In a premises liability lawsuit. As a consequence, the company has ended up paying huge sums of money as compensation. However, in most of these cases, the victims haven’t pursued their claims independently. Instead, they were in the presence of solid legal representation, which made it a lot easier to navigate the claim process.

What Kind of Accidents Are Common at Walmart Stores?

There are multiple causes of accidents and injuries in Walmart stores. Oftentimes, some of these injuries arise due to the negligent conduct of the employees. This constitutes a breach of their duty of care.

That said, common causes of Walmart injuries include:

• Slip and fall accidents
• Repetitive movements
• Workplace violence
• Cluttered aisles

According to OSHA, Walmart has the second-highest number of severe injuries reported by any employer in the United States. Such injuries range from minor injuries to severe, life-threatening injuries that may even lead to permanent disability.

Understanding Premises Liability Law In relation to a Lawsuit Against Walmart

An injury sustained at Walmart is governed by premises liability law. Under the law, the owners of premises have a legal duty to keep their premises safe from any harm. In other words, they need to take all the reasonable steps to ensure that any “visitors” on their property is unlikely to suffer any injury or damage.

However, sometimes the owner of the premises may not be held liable if it is established that the injury occurred due to the victim’s negligence. For example, if you sustain an injury while under the influence of alcohol or any other intoxicating substance, it may be challenging to establish your claim. Instead, the company may initiate legal proceedings against you, which may be criminal in nature.

Also, premises liability law is apprehensive of protecting trespassers. This means that a trespasser who is a thief may not sue the company for any harm or injury suffered. 

Generally speaking, Walmart will be liable for any harm or injury sustained if:

• It caused a dangerous situation.
• The dangerous situation was reasonably foreseeable but did nothing to prevent the problem.

Elements of a Negligence-Based Lawsuit Against Walmart

If you allege that the accident occurred due to negligence, you will need to prove the four essential elements of negligence to be successful. These are:

• Duty of Care: As mentioned earlier, owners of premises have a duty of care to ensure that their premises are safe for customers or visitors. As such, in a personal injury claim, you’ll need to demonstrate that such a duty exists. Noteworthy is that a duty of care won’t exist if you are a thief or any other trespasser.
• Breach of duty: There must be a substantial breach of the duty owed. You can prove this by demonstrating that Walmart failed to take reasonable steps to avoid the accident.
• Injury: An injury is a visible sign that you suffered harm from the breach. 
• Causation: This means that the injury or harm suffered must be directly connected to the defendant’s negligent conduct. 

What Steps Should You Take After an Accident At Walmart?

The following are some of the critical steps to take in the event of an accident at Walmart:

• Seek medical Attention
• Gather Evidence
• Avoid Talking to Walmart
• Contact an Attorney
• Don’t accept an early settlement

How can an attorney help?

Once you contact an attorney, they will help guide you throughout the claim process. One of the critical steps they will take following the accident is determining whether you have a valid claim. To achieve this, they will assess all the relevant documents and evidence provided, after which they will determine the best course of action to take.

In addition, they will help you establish a valid claim if it is a negligence-based lawsuit. Consequently, you will be able to obtain the right amount of compensation you deserve.

Need help?

If you or your loved one sustains an injury at Walmart, it is imperative to take all the necessary steps to ensure you safeguard your right to compensation. For this reason, you should contact a competent and qualified attorney to help you.

Contact us today to learn more about premises liability and how an attorney can help you obtain compensation for any injury or harm suffered.