Slipping and falling to the ground in Walmart is not on anyone’s to-do list. Unfortunately, it happens far too often.
Walmart maintains over 5,000 retail operations, including Supercenters, Neighborhood Markets, and convenience stores. These stores owe customers and other visitors a duty to keep their premises reasonably safe, free from debris or spills that could cause someone to fall. If they fail to do so and a person is injured, the injured party can file a slip-and-fall claim to recover compensation for their injuries.Â
We at MG Law know that you may feel confused about what to do if you’ve been injured in a slip-and-fall accident at Walmart. Thus, we’ve compiled this guide to help you know what to do after a slip-and-fall injury at Walmart. Contact one of our injury attorneys today if you have questions about your specific slip-and-fall claim.
The Legal Basics of Slip-and-Fall Claims
A slip-and-fall claim is based on the legal theory of premises liability. This means that store owners owe individuals they invite, like customers, a duty of care to keep the store reasonably safe for their customers. For example, owners of large retail stores like Walmart owe their customers a duty to keep their stores reasonably safe.
When owners fail to maintain their stores, they breach their duty of care to their guests. For example, suppose a Walmart employee leaves a cleaning solution on the floor without leaving a sign indicating that the floor is wet. This would be a breach of the duty of care. If someone slips and falls due to Walmart’s breach, the injured party can file suit against the property owner to recover damages.
What Should You Do After You Slip and Fall at Walmart
You may not know what to do if you slip and fall at a Walmart. Below are steps you can take to protect yourself and help your future claim.
Step 1: Report Your Fall
Inform the store manager or Walmart employee immediately if you slip and fall inside a Walmart store. Typically, large stores like Walmart have certain procedures they follow if someone is injured in the store. They may ask you to fill out a form, file an incident report or provide a statement. You may not be able to do so immediately, depending on the extent of your injuries. Try to provide your statement as soon as you can.
If a specific condition, like a spilled drink, caused your fall, you should point it out to the manager or employee. Failing to notify store personnel about your fall may impact any potential claim you may have against Walmart.
In your statement, try to stick to the facts. Simply write what you observed and what happened. Be sure to include what you believe caused your accident.
Step 2: Seek Medical Attention
You should seek medical attention right away. Emergency medical professionals may immediately take you to the hospital, depending on your condition and the extent of your injuries.
Slip-and-fall accidents can cause significant, long-lasting injuries. Some people think their injuries are minor, only to develop worsening symptoms later. The adrenaline of the accident can often mask more significant injuries.
Don’t wait until the pain gets worse. Visit a general physician or the emergency room for an accurate diagnosis and treatment. Plus, medical records will serve as evidence for your case. They document your injuries and provide the initial costs of your treatment.
Step 3: Collect Relevant Evidence
The best time to gather evidence about your fall is right after it happens. If you come back to the scene of the fall later, the circumstances that caused your fall may have changed. Proving what caused your fall is vital to your slip-and-fall claim. You can document the scene by taking photos and videos of where you fell.
Sometimes your injuries prevent you from taking photos immediately. Ask a friend to take pictures of the scene. Otherwise, gather names and contact information from anyone who witnessed your fall, including employees.
Do your best to write a thorough statement about your fall as soon as you are physically able. Write down everything you observed, including what you believe caused your fall.
Step 4: Keep Track of Your Losses
A slip-and-fall settlement is designed to compensate you for the losses you incurred because of your fall. You cannot file a slip-and-fall claim if you do not suffer any injury or damages. Damages include things such as:
- Lost wages,
- Medical costs,
- Prescription medicine costs,
- Rehabilitation expenses,
- Property damage, and
- Loss of future earning capacity.
Collect and track all of these expenses. It will be easier for your lawyer to prove the value of your slip-and-fall claim if you keep documentation of all costs related to your injury.
Step 5: Contact an Attorney
Figuring out how to navigate a slip-and-fall claim after an accident may feel impossible. A slip-and-fall lawyer can answer your questions, guide you through the process, help you file a claim, and collect evidence to help prove your case. Plus, an attorney can help you negotiate with insurance companies or large companies like Walmart.
For a successful case, you must be able to prove that Walmart negligently maintained its store and that the negligent maintenance caused your fall. A knowledgeable attorney, like at MG Law, knows just what to look for to build a case. Our experienced attorneys can investigate Walmart’s failures to demonstrate Walmart’s liability for your injuries.
Do You Want to Know What to Do After a Slip-and-Fall Injury at Walmart? Contact MG Law Today
Our team at MG Law has the knowledge and resources you need to fight for your rights in a slip-and-fall claim against Walmart. We work with our clients to investigate their claims and develop a solid legal strategy. Our attorneys will help you gather witness statements, surveillance footage, photos of the scene, and witness testimony for your case. Plus, our firm has the vote of confidence from clients and peers alike. We have received numerous awards and hold a 10.0 rating on Avvo. If you were injured in a slip-and-fall accident at Walmart, contact our team at MG Law today.
Michael Geoffroy’s law practice focuses on auto collisions, premises liability, wrongful death, and catastrophic injury. He stands up for the cause of justice throughout Georgia and on behalf of his clients every day. He is a leader in both the courtroom and the community, having been recognized numerous times for his involvement in each.