Understand your rights and how to maximize your compensation after a slip-and-fall accident at a South Carolina Walmart
In the state of South Carolina, there are 122 Walmart stores along with 4 distribution centers. As is the case with many retail stores, Walmart customers may be at risk of experiencing a variety of injuries. Among the most common injuries occurring at retail stores are slip-and-fall accidents.
If you slip and fall at Walmart, it’s vital to understand pertinent facts regarding how these injuries occur, when the store may be liable for these injuries and the types of compensation you may be eligible to receive.
How do Walmart slip-and-fall accidents occur?
Walmart slip-and-fall accidents can occur due to various factors, often related to unsafe conditions within the store or its premises. Common causes of these accidents include:
- Wet or slippery floors. Spills from food or drink items, recently mopped floors without proper warning signage, or entryways that become slippery during rainy or snowy weather can all lead to falls.
- Cluttered aisles. Merchandise or debris left in aisles can create tripping hazards. This clutter can be particularly dangerous if it’s not easily visible or if it’s in high-traffic areas.
- Uneven surfaces. Uneven flooring, loose mats or damaged carpets can cause customers to trip and fall. This includes both inside the store and in the parking lot.
- Poor lighting. Insufficient lighting in certain areas of the store or parking lot can make it difficult for customers to see potential hazards, increasing the risk of falls.
- Overflowing shelves. Items that fall from overstocked or poorly organized shelves can create obstacles on the floor that customers may trip over.
- Lack of maintenance. General negligence in maintaining the store, such as not fixing broken flooring or failing to remove hazards in a timely manner, can contribute to accidents.
In any of these scenarios, if Walmart or its employees are aware of the hazard and fail to address it promptly, or if they should have reasonably known about the hazard, the store can be held liable for any resulting injuries.
What happens if you fall in a store?
Like other retail businesses, Walmart is responsible for ensuring the safety of customers on their premises. While this is a legal responsibility, store managers and employees don’t always exercise due diligence in ensuring their stores are safely maintained, and this can lead to slip-and-fall accidents for guests.
Common injuries customers experience as a result of a slip-and-fall accident at Walmart include:
- Broken bones
- Neck and back injuries
- Traumatic brain injuries
- Soft tissue tears
- Spinal cord injuries
In the aftermath of a fall, customers should seek immediate medical attention for their injuries, as some may not be immediately apparent but can have long-term consequences. Additionally, failure to seek prompt treatment after a fall can make it far more difficult to prove your injuries are related to the accident, thus compromising your ability to recover compensation.
Is a store liable for a customer injury?
Yes, stores have a legal obligation to ensure a safe environment for their customers. This duty includes performing regular maintenance to prevent hazards and addressing potential risks, like spills or obstructions from shopping carts, in a timely manner.
If the store fails to uphold this duty and a customer is injured as a result, the store can be held liable for the customer’s injuries. In such cases, the injured customer may be entitled to compensation for damages like medical expenses, lost wages, and pain and suffering.
Because the specific circumstances of each incident play a crucial role in determining liability and compensation, it’s important to discuss the details of your case with a premises liability attorney before accepting a settlement offer from Walmart to ensure you understand how much your claim is worth.
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Can you sue Walmart for a slip and fall?
Yes, you can sue Walmart for a slip-and-fall accident. However, to successfully pursue a lawsuit, you must prove that Walmart was at fault for your accident. This involves demonstrating that the store had a duty of care to maintain a safe environment for its customers, that this duty was breached, and that the breach directly caused your injuries.
Proving fault requires you to show that the store knew or should have known about the hazardous condition (like a wet floor or an obstructed walkway) and failed to take appropriate action to remedy it.
For instance, if there was a spill on the floor that was not cleaned up in a reasonable amount of time, and you slipped and were injured as a result, you might have a valid claim.
Since these cases can be complex and Walmart is likely to have a strong legal defense, it’s advisable to consult with a personal injury attorney who specializes in premises liability cases to help navigate the legal process and advocate on your behalf.
I slipped and fell at Walmart. What should I do next?
When considering the potential for slip and fall Walmart settlements, it’s important to understand that Walmart operates a bit differently than other businesses. While many other businesses opt to pay for liability insurance through a 3rd party, this isn’t the case with Walmart. Instead, Walmart handles its own liability claims.
As a result, Walmart has a tremendous incentive to pay out the smallest amount possible through accident claims, making it crucial to follow the necessary steps to document and report the incident to increase the likelihood of compensation.
Report the incident immediately
If you’re injured in a slip-and-fall accident at Walmart, make sure you report the incident right away. This report should be made to the store manager when possible. If not possible, locate a store employee and make your report to that individual. You should be as specific as possible when describing what occurred. You may be asked to complete an incident report. If so, be sure to obtain a copy of the report as well.
Additionally, you should ask if there’s a security camera that might have recorded the incident. Try to obtain a copy of this video, if possible. Keep in mind that surveillance footage is often taped over after 24 hours, so it’s imperative that you act quickly.
Collect potential evidence
You should try to collect any other evidence that might prove beneficial when filing a liability claim. Once again, this should be done as soon as possible. Otherwise, store employees may try to clean up the area.
When possible, take photos of the area that contributed to your fall to document any hazards, such as spills. If there are any witnesses to the incident, be sure to collect their contact information and statements about what happened.
Also, make sure you keep your clothing and shoes, as these may also contain evidence from the incident. For example, if you slipped on a floor that was recently waxed, your clothing or shoes may contain a waxy residue that could be useful in proving liability.
Document your injuries
Following the incident, take the time to check for injuries. If you’re experiencing any pain, you should seek medical attention right away. Depending on the severity of your injury, you may need to be transported to the hospital by ambulance.
Even if you don’t experience any pain immediately following your accident, you may experience delayed symptoms. It’s always best to get checked out by a qualified physician who can diagnose and document any potential unseen injuries, regardless of how good you initially feel.
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What to expect when filing an insurance claim with Walmart after an injury
Following a slip-and-fall injury at Walmart, you may be directed to contact Walmart’s claims department to file a claim. Rather than trying to negotiate with their claims department yourself, you may find it helpful to have an attorney assist you. In fact, you may even find that Walmart will reject your claim if you attempt to handle it on your own.
Even if Walmart doesn’t outright reject your claim, the company will often attempt to settle your claim for far less than you actually deserve. An experienced attorney can help you navigate the process of filing a slip-and-fall injury claim with Walmart so you receive fair compensation for your injuries.
Injured at Walmart in South Carolina? Get help from a Walmart slip-and-fall lawyer.
Since Walmart handles their own claims, it’s not uncommon for them to use intimidation tactics to get you to accept a small settlement. Never accept a settlement without speaking with an attorney first.
An experienced Walmart slip-and-fall lawyer will work with you to build a case based on available evidence to prove your injury claim. Additionally, your attorney will handle all communications and negotiations with Walmart so you can focus on recovering from your injury.