Slip and Fall Claims in a Walmart

Over one million people in the United States become injured each year resulting in slip and fall claims being filed against a property owner. These often occur when a person slipped and fell due to a hazardous or dangerous condition that existed. As one of the largest retailers in the world, Wal-Mart experiences nearly 1,000 customer injuries each day. Occasionally, these can be the result of negligence on the part of store employees. Slip and fall injuries can occur when:

Employees fail to clean up spilled food, liquid or other items in a timely manner
Poor lighting conditions existed inside or outside the store
Broken, cracked or uneven pavement in the parking lot or store entrance

All commercial property owners are responsible for making their premises safe for their customers. They are required to maintain the property and make all necessary repairs. In some jurisdictions, a property owner may be responsible for keeping their property free from snow and ice.

How to Establish Negligence

The key element in proving negligence in a premises liability case is for the plaintiff to show that the business owner was responsible for their injuries. The victim must be able to prove that the property owner is liable by demonstrating that:

The owner was the cause of the dangerous condition
The owner was aware a dangerous existed and did not take steps to clean it up or provide a warning to the public such as placing cones or posting signs
The dangerous condition existed long enough for an employee to have discovered it

A successful lawsuit may depend on how much evidence a victim can produce. Store surveillance tapes and people who witnessed the incident can be a great source of evidence. If possible, get photos of the scene where the accident occurred, especially if a Wal-Mart employee is seen cleaning up the area.

Filing a Claim for Your Injuries

Each state has a statute of limitations regarding how long a plaintiff has for bringing a personal injury lawsuit against a defendant. Most slip and fall claims must be filed in a relatively short window of time, depending on the circumstances of the case and where the injury occurred. It may also be important to file a claim at the establishment where the injury occurred. A manager or supervisor at Wal-Mart may be required to complete an incident report. A victim may be able to file a claim for damages that include:

Lost time from work resulting in lost wages
Emotional anguish, distress or anxiety
Both mental and physical pain and suffering
Medical costs such as ambulance, hospitalization and medications

Compensatory damages are awarded to compensate the victim for any loss or injury the victim sustained. These are intended to make the victim “whole” again by returning them to the condition they were in before the accident occurred. Exemplary or punitive damages may be awarded in some cases if the defendant deliberately acted in a willful or harmful manner. For example, if a store employee was told to clean up a spill and failed to do so, their conduct may be seen as willful and therefore, Wal-Mart can be held liable for their actions. (See also Negotiating with Wal-Mart for a Slip & Fall Settlement).

How a Lawyer Can Help

Even though most personal injury lawsuits are settled before going to trial, Wal-Mart has been known to most often choose to litigate these cases. Therefore, it is extremely important to have a skilled personal injury attorney on your side that can help you recover damages for your injuries and lost wages. They will be able to interview and depose store employees that may offer information about the conditions of the store at the time of your injury.

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