What to Do If I Fall in Walmart

When a customer gets injured in a store like Walmart due to negligence, the type of claim is typically going to fall under premises liability law. However, Walmart, unlike most stores, elects to self-insure. By providing its own liability insurance for personal injury claims, Walmart has a higher stake in the outcome. Most businesses are insured through a third party, meaning any award for damages is paid through the insurance company. In Walmart's case, if they lose a big lawsuit, it comes directly out of Walmart's corporate pockets. As you can imagine, this incentivizes Walmart to make the claims process as difficult as possible in an attempt to discourage you and discredit and minimize your actual injuries. 

When we visit Walmart, we're usually worried about long lines, out-of-stock products, or crowds. The last thing we think about is getting injured in a fall. A customer could fall because of a wide variety of circumstances like liquid on the floor, objects placed in pathways, broken tiles, malfunctioning escalators, uneven sidewalks in the parking lot, inadequate lighting, and improper snow and ice removal.

According to the National Floor Safety Institute, falls are the reasons for more than eight million trips to the emergency room every year. Falls can result in injuries ranging from sprains to broken bones, head and spinal injuries, internal injuries (if the victim falls onto an object), and sometimes even death.

Most fall injuries at a business like Walmart are due to some form of negligence. Management and employees have a duty to ensure walkways are clear and free from debris and liquids that could cause a patron to fall.

Premises liability law offers guests several different categories of protection. However, these categories vary depending on the state where the accident occurred. Most visitors to a Walmart store will fall under the category of "invitees." Business owners must ensure to a reasonable degree that their premises are free from hazards to protect their invitees from harm. The term "reasonable" under the law is essentially what another person would do or how they would act if they were faced with the same situation under the same circumstances. Still, premises liability law doesn't absolve a customer from responsibility for their actions if the fall was their fault. For example, if you were climbing on the shelves to get an out-of-reach product and fell, you would not likely have a successful claim. Likewise, if you dropped and shattered a bottle of milk and then tripped over the shards, you would probably not have a claim. Regarding the last example, an important thing to understand is that an employee would need enough time to notice the spill or should have reasonably noticed the spill and failed to clean it up for there to be any liability on behalf of Walmart under these kinds of circumstances. 

Typically, a claimant for an injury that resulted from a fall has to prove that there was a "dangerous condition" on the property and the owner was aware of it. The condition must be dangerous enough to present an unreasonable risk to invitees, and the business owner must have known an injury could occur. Finally, the claimant must show that they could not have anticipated the dangerous condition as an invitee. Businesses like Walmart may be liable for injuries that result from a fall on their premises under the following general rules:

• The business caused the dangerous condition
• The business was aware of the situation and failed to address it
• The dangerous condition existed long enough that the business should have discovered and fixed it prior to the fall

In order to recover compensation from a premises liability claim against Walmart, the defendant must prove the following:

Walmart owned, occupied, or leased the property - It must be made clear that Walmart owned, occupied, or leased the property and had a duty to inspect the store and grounds to ensure the property was reasonably safe for guests to use as intended.

Walmart was negligent in using the property - Once ownership is established, the next element is to show that Walmart failed in its duty of care to warn visitors of known dangers on the property which a guest may not discover on their own. The duty of care is also applicable to conditions of the property that the owner should have discovered had reasonable vigilance been exercised to ensure guests would not come to harm. The crucial aspect of this element is to establish that the defendant had a duty of care toward visitors at the time of the accident.

The plaintiff was injured - While a dangerous condition can be present on a property, without an injury, there is no premises liability claim. You must show that you were injured by providing medical records and bills that describe the extent of your injuries and statements by any treating physicians. You can also give your own testimony about how your injuries have affected your life.

Walmart's negligence was a substantial factor in causing your injuries - The final element is to demonstrate that negligence on behalf of the property owner was a significant factor in you coming to harm. Furthermore, you must show that harm to a guest must have been reasonably foreseeable, and the property owner did not take action.

Seek medical attention - After a fall in Walmart, it's crucial to seek medical attention. Sometimes, we might feel embarrassed after falling and just want to brush it off. However, some injuries take a while to present themselves. For example, if you fall and land hard on your knees, you may not realize your knees are sprained. You might wake up in the middle of the night in excruciating pain and will be unable to work for a few weeks. Likewise, if your fall made you hit your head, you might have a concussion or a brain injury. If your fall landed you on other objects, you might have broken ribs or undetected internal injuries.

Don't put off seeing a doctor. We can't stress this enough, not only for your own health but for medical documentation of your injuries. Medical records are compelling evidence in personal injury lawsuits. Suppose you still haven't seen a doctor. In that case, we recommend you go quickly and relate all your symptoms, pain, and suffering to the examining physician so it will go into your medical records.

Personal injury lawsuits rely heavily on medical expenses. Often, pain and suffering and other noneconomic damages are awarded based upon the sum of your medical bills. Courts and insurance companies generally award noneconomic damages by multiplying medical bills by a factor of how severe your injuries are and how your injuries have affected your life.

Document the evidence - After a fall, if you or someone you're with is able, take a multitude of pictures of the circumstances that led to your fall. Whether you fell because of something in the walkway, a spill, or something dislodged from a shelf, this all needs to be documented. Ask other shoppers that witnessed the accident for their contact information. Their eyewitness statements and testimony will be valuable.

Surveillance video is a core source of evidence. It is almost certainly available in any Walmart store in the country. A Morgan and Morgan premises liability attorney can demand a copy of the tape. However, getting this footage as soon as possible is critical, so it's not erased, recorded over, or somehow vanishes.

Save copies of medical bills and expenses related to the accident, including pay stubs. If you've had to miss out on work due to your injuries, your lost wages should be included in the claim. Lastly, keep your own records of how your injury has changed your life. For example, if you used to enjoy bowling but haven't been able to play a game since you fell, this would be important documentation of how the injury has cost you the enjoyment of life.

Let Morgan and Morgan do the talking for you - Don't make the mistake of talking to Walmart representatives or anyone else for that matter before you have our legal counsel. Remember, they are self-insured, so anyone you talk to may literally be an employee of Walmart and, thus, is not on your side. Do not sign anything, including any incident reports right after the accident. You may be contacted with an offer to settle if Walmart concludes they are liable. While the offer may look good at face value, you need to consider that if your injuries are severe, you may need ongoing medical care in the future. For example, suppose the fall caused damage to ligaments. You may need surgery in the future. If you settle, you give up your right to any future claims regardless of whether your damages are directly related to the fall.

When you fall at Walmart due to some negligence on behalf of the property owner and seek compensation, you must know you're up against one of the largest corporations in the nation. Like most corporations in America today, the number one goal is profit. You deserve better, and Morgan and Morgan can help. Wherever wrongdoers try to escape accountability for their negligence, we're there working on behalf of the everyday citizen. Our motto is "For the People," and it's deeply ingrained in our company culture. If we don't deliver, you don't pay. Contact us today for a free case evaluation.