Falling in a retail store like Walmart can have serious physical and legal consequences. Walmart has routinely found itself as the defendant in legal battles for failing to maintain its premises and, therefore, causing a fall accident.
If you have suffered an injury in a slip-and-fall accident in Walmart, you need legal representation. Contact a Little Rock slip and fall lawyer immediately if you have suffered damages and get on the road to financial compensation.
How Common Are Slip-and-Fall Accidents?
According to the United States Board of Labor Statistics and the National Floor Safety Institutes, slip-and-fall accidents are common across the country. These accidents can end in serious injuries or death. If you or a loved one has suffered an injury or killed in a slip-and-fall accident in Walmart, you need legal representation.
National statistics on slip-and-fall accidents include:
- Slip-and-fall accidents have been the leading cause of emergency room visits over the past several years. There were eight million emergency department visits.
- Deaths from fall accidents are equally divided between male and female victims.
- An accident victim might face broken bones among the most serious consequences of their fall. Fractures occur in five percent of all people who fall.
- Falls are the most common reason that employees file worker’s compensation claims.
- Slip-and-falls are the primary cause of fatal workplace accidents.
- The older the victim, the increased odds they face for a slip-and-fall accident. Older people are at more risk for serious injuries.
- Of all workers’ compensation claims, 85 percent of the claims are attributed to employees who slipped on slick floors.
- Falls are expensive. The total cost of injuries due to falls is estimated at $13-$14 million per year.
- Disabling workplace fall injuries cost the national economy an estimated $250,000 to $300,000 per year.
Common Injuries After a Slip-and-Fall Accident in Walmart
Various types of injuries can be sustained after a slip-and-fall accident in Walmart. No matter the injuries that you face after a fall, you deserve to recover financially after an accident.
Here are some of the most common types of injuries that you might face after a slip-and-fall accident.
Permanent Disabilities
In cases of severe fractures, spinal injuries, or brain trauma, victims may experience permanent disabilities, such as reduced mobility, long-term pain, or cognitive impairments.
Chronic Pain
Even if the injury appears to heal, some people experience chronic pain due to the long-term effects of soft tissue injuries or joint damage, especially in older adults.
Infections
If the fall results in cuts, abrasions, or open wounds, there is a risk of infection, especially if the surface the person falls on is dirty.
Psychological Effects
Any accident, including a slip-and-fall, can cause severe emotional and mental effects. Victims may experience ongoing stress or fear about the fall, especially if it leads to a long-term injury.
Neck Injuries
The neck may suffer from sprains or strains from the sudden impact of the fall.
Soft Tissue Injuries
Impact on hard surfaces can cause bruising, which may result in pain, swelling, and discoloration. Though often not as severe, bruises can be painful and require time to heal.
Wrist and Hand Injuries
Many people instinctively extend their hands to break their fall, which can lead to wrist fractures, sprains, or even broken fingers.
Shoulder Injuries
A fall onto the shoulder can cause a break in the clavicle, which may require surgery for proper healing.
Knee Injuries
Injuries like torn ACLs or MCLs can occur due to twisting motions during a fall.
Back and Spine Injuries
The impact of a fall may cause the discs in the spine to slip out of place, leading to pain, numbness, and other neurological issues.
Head Injuries
Head injuries are one of the most serious types of injuries that can happen after a slip-and-fall accident. More serious falls can lead to a traumatic brain injury, resulting in long-term cognitive, physical, and loss of consciousness.
Fractures
Older adults are particularly vulnerable to hip fractures, which can be debilitating and may require surgery and a long recovery process.
Sprains and Strains
A sudden fall can cause overstretching or tearing of ligaments and muscles, especially in the ankles, knees, or back. Sprains and strains are common in slip-and-fall accidents.
Common Causes of Slip-and-Fall Accidents in Walmart
Slip-and-fall accidents at Walmart can occur due to a variety of reasons, often involving hazards that create unsafe conditions for customers. Common causes include the following.
Improper Footwear
Employees might face slip-and-fall accidents due to not being provided with the proper footwear by the company. Although less common, accidents can sometimes be caused by wearing shoes that are not appropriate for walking on slippery or uneven surfaces. In some cases, a store might be responsible for an unsafe condition than the customer’s choice of footwear.
Lack of Regular Maintenance
The store’s lack of regular maintenance might cause a slip-and-fall accident.
If the store fails to maintain its floors, equipment, or infrastructure (i.e., cracked sidewalks or broken handrails), it increases the likelihood of accidents.
When maintenance staff do not respond quickly to hazards like spills, broken flooring, or other issues, these problems can persist and cause injuries.
Food Court or Café Hazards
In some Walmarts, there are areas where customers sit and eat. Failure to properly maintain these areas can easily lead to an accident. Spills from food or beverages can lead to slick, dangerous surfaces for customers walking by. Leaking toilets or sinks in the restrooms can cause water to pool on restroom floors, which can go unnoticed by store personnel.
Spilled or Hazardous Merchandise
Lingering spills and unattended hazardous materials can cause serious accidents. Spilled bottles or cans of liquids can create slip hazards, particularly in the aisles. When heavy items like boxes or products are not properly secured on shelves, they can fall onto the floor and create tripping hazards.
Defective or Malfunctioning Equipment
If a shopping cart is broken or has faulty wheels, it can cause customers to lose balance and fall. Malfunctions or safety hazards in escalators and elevators can result in serious slip-and-fall accidents.
Lack of Warning Signs
When a spill is in progress or an area is being cleaned, the absence of clear warning signs can lead to customers unknowingly stepping into a hazardous area. Lack of signage caution or other hazards can lead to falls.
Cluttered Aisles
Items like boxes, merchandise, or display stands left in the middle of aisles or walkways can create tripping hazards. If an aisle is blocked or crowded, it can be difficult for customers to navigate safely. Items that fall off shelves and spill into aisles can create dangerous obstacles for shoppers.
Poor Lighting
Customers may not see obstacles, wet spots, or changes in the floor’s elevation in poorly lit areas. It can lead to missteps and falls, especially in aisles or corners.
Uneven Flooring or Surfaces
Damaged floors, such as cracked tiles or uneven pavement, can cause tripping hazards. Customers may slip or trip if the store does not repair these areas. Areas with worn or loose carpets can be difficult to notice, increasing the risk of falls.
Wet or Slippery Floors
One of the most common causes of slip-and-fall accidents is liquid spills, such as water, food, or drinks. These spills may be left unattended or not cleaned promptly, making floors slippery and hazardous. When customers or employees track rain, snow, or ice into the store, it can create wet floors, especially near entrances and exits.
How Can a Lawyer Help Me Assert My Rights Against Walmart?
Hiring a lawyer after a slip-and-fall at Walmart helps protect your rights, ensures you receive fair compensation, and gives you a better chance of a successful outcome.
Fighting a giant retailer like Walmart can seem impossible. Having a legal team can help you face Walmart after a slip-and-fall accident. Here are some of the most practical ways that a lawyer can assist.
Litigation Experience
You want a Little Rock slip and fall lawyer with litigation experience against big companies like Walmart. If the case goes to court, having a lawyer is vital. They will prepare and present your case, cross-examine witnesses, and argue on your behalf in front of a judge and jury. Walmart likely has a team of lawyers, so having a professional on your side levels the playing field.
Establishing Fault
To win a slip-and-fall case, you need to prove that Walmart was negligent and that this negligence caused your injury. A lawyer will know how to gather the evidence needed to establish fault, such as:
- Expert witnesses (i.e., safety or accident reconstruction specialists).
- Maintenance records that can show prior issues with the area.
- Surveillance video or witness testimonies.
Dealing with Insurance Companies
Dealing with insurance companies normally can be more challenging when dealing with a massive company like Walmart. Having an experienced Little Rock slip and fall lawyer field settlement offers and using their negotiation skills will help you get what you deserve after an accident at Walmart.
Negotiation Skills
Lawyers have experience negotiating with insurance adjusters to ensure you receive the full compensation you deserve. Insurance companies often focus on minimizing costs, so having a lawyer advocate for you is important.
Settlement Offers
Walmart’s insurance company may offer you a settlement, but these offers are often much lower than you are entitled to. A lawyer can help assess whether the offer is fair or if you should pursue further legal action.
Maximizing Compensation
A Little Rock slip and fall lawyer will help maximize compensation after a slip-and-fall accident at Walmart. A lawyer working on your behalf is the best way to ensure you get everything you deserve after an accident. Here is the potential compensation available after a slip-and-fall accident in Walmart.
Economic Damages
Economic damages include the tangible and physical losses related to the fall. While economic damages are easy to identify, it is still a good idea to consult a slip-and-fall attorney about the details of your case to ensure maximum compensation.
Examples of economic damages can include the following:
- Medical bills: A lawyer can help ensure that all of your medical bills, including future treatment or rehabilitation, are accounted for in the settlement or lawsuit.
- Property damage: You may have property damage even in a slip-and-fall accident. Examples of property damage that might happen in a fall can include damage to any of your personal effects, like your cell phone.
- Lost earnings: If your injuries result in missed work, a lawyer can help claim compensation for lost earnings, including future earning potential if the injury has long-term effects.
Non-economic Damages
Non-economic damages are intangible and often involve the emotional impact of an accident. To get the money that you deserve for living in the aftermath of a serious accident, hire an attorney.
Examples of common non-economic damages after an accident can include the following:
- Pain and suffering: In addition to losses like medical expenses, you may be entitled to compensation for pain, emotional distress, or lost quality of life.
- Emotional and mental anguish: Accident victims might face severe emotional and mental scarring after a fall. The right attorney can help advocate for your losses.
Punitive Damages
Punitive damages are not meant to compensate the victim. The purpose of a court awarding punitive damages is to punish the defendant for extremely outrageous behavior that caused the accident. Punitive damages are not always available, so hiring a lawyer will help you understand the availability of punitive damages in your case.
Protecting Against Mistakes
Suing a corporation can be complicated, so having an experienced slip-and fall attorney will help you properly assert your rights after a slip-and-fall accident. Here are some ways an attorney can help avoid making mistakes after filing an insurance claim or a lawsuit.
Avoiding Mistakes
The legal process can be complex, and small mistakes in presenting evidence, handling paperwork, or negotiating can harm your case. A lawyer has the knowledge to avoid these pitfalls.
Filing Deadlines
There are deadlines (known as the statute of limitations) for filing a personal injury claim, and missing these deadlines can prevent you from seeking compensation. A slip-and-fall lawyer skilled in Walmart cases will ensure your case is filed on time.
Understanding of Legal Rights and Liability
Slip-and-fall accidents fall under premises liability laws. This area of the law can get complex. An experienced attorney can help through the process, particularly with the following.
State and Local Laws
Each state has its own laws regarding slip-and-fall accidents, and a lawyer will know the specific statutes and case precedents that apply to your situation.
Premises Liability
A skilled slip-and-fall lawyer can help you understand the store’s responsibility to keep the premises safe and whether Walmart was negligent in maintaining its property (i.e., failing to clean up a spill or repair a hazardous condition).
Contact a Slip-and-Fall Accident Attorney Today!
If you suffered an injury in a slip-and-fall accident at Walmart, you need a Little Rock slip and fall lawyer to help you understand your rights to compensation. Do not delay. You need a legal advocate to face a giant retailer like Walmart, and you deserve justice. Contact a personal injury lawyer today to stop down the road to financial compensation after a fall.