Slipping and falling inside a Walmart store can be an unfortunate and painful experience. If you’re dealing with injuries because of such an incident, you might be considering legal action. But Before Filing, there are a few crucial things you should know to strengthen your case and avoid unnecessary mistakes. Walmart is a massive corporation with strong legal defenses, so being prepared can make a huge difference in the outcome of your claim.
Understanding Walmart’s Legal Strategies
Walmart isn’t new to slip-and-fall cases. They deal with numerous claims every year, and their legal team is well-equipped to challenge allegations. The company has experienced attorneys and various tactics to minimize liability. This means you must present solid evidence and have a well-prepared claim to stand a chance of getting fair compensation.
Essential Steps to Take Before Filing
1. Report the Incident Immediately
One of the biggest mistakes people make is leaving the store without reporting the fall. If you slip and get hurt, notify a store employee or manager right away. Ask them to file an incident report and request a copy for your records.
2. Document Everything
Having strong evidence is key. Take photos or videos of the hazard that caused your fall—whether it’s spilled liquid, a torn mat, or an unmarked wet floor. Capture the surrounding area to show any lack of warning signs or negligence.
3. Collect Witness Information
If other shoppers or employees saw your fall, ask for their contact details. Witness statements can be incredibly helpful in proving what happened and supporting your claim.
4. Seek Medical Attention
Even if you think your injuries are minor, see a doctor. Some injuries, like internal bruising or fractures, might not be immediately apparent. A medical report will also serve as evidence linking your injuries to the incident.
5. Keep All Records and Receipts
Maintain copies of your medical bills, lost wages, and any other expenses related to your injury. These documents will help calculate the damages you may be entitled to recover.
6. Be Cautious with Walmart’s Representatives
Walmart may reach out to you after the incident, offering a quick settlement. Be careful—accepting a settlement too soon could mean receiving far less than you deserve. It’s always best to consult a legal expert before signing anything.
Proving Negligence in a Slip-and-Fall Case
To win a slip-and-fall claim against Walmart, you must prove that the store was negligent. This means showing that:
A hazardous condition existed (such as a wet floor, broken tile, or poor lighting).
Walmart knew or should have known about the hazard and failed to address it.
The hazard directly caused your injuries.
Without solid proof, Walmart’s legal team will argue that the accident was due to your own carelessness rather than store negligence.
Potential Defenses Walmart Might Use
Walmart’s legal team may use various arguments to deny your claim. Some common defenses include:
Lack of Evidence: If there’s no photo, video, or witness testimony, Walmart may dispute the claim entirely.
Comparative Negligence: They might argue that you were distracted, wearing inappropriate footwear, or not paying attention, making you partially responsible for the fall.
No Prior Knowledge of the Hazard: If the hazard was temporary (like a recent spill), Walmart may claim they didn’t have enough time to clean it up.
Signage and Warnings: If there were warning signs in place, they could argue that you ignored them.
Understanding these tactics can help you prepare a stronger case.
FAQs About Filing a Slip Case Against Walmart
1. How long do I have to file a slip-and-fall case against Walmart?
The timeframe to file a lawsuit depends on your state’s statute of limitations. In most cases, you have between one to three years from the date of the incident to take legal action.
2. What if I was partially at fault for the fall?
Some states follow a comparative negligence rule, which means your compensation could be reduced based on your level of fault. If you were 20% responsible, for example, your settlement could be lowered by 20%.
3. Can I still file a claim if I didn’t report the accident immediately?
While reporting the incident right away strengthens your case, you may still file a claim. However, Walmart may argue that the delay suggests the injury wasn’t serious or wasn’t caused by their negligence.
4. What kind of damages can I recover?
You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other related expenses.
5. Do I need an attorney to file a claim against Walmart?
While you can file a claim on your own, having an attorney can significantly improve your chances of getting fair compensation. Walmart’s legal team is experienced, and an attorney can help level the playing field.
Conclusion
Filing a slip-and-fall case against Walmart is not an easy battle. The company has the resources and legal experience to challenge claims aggressively. However, by gathering strong evidence, understanding your rights, and being prepared for their defense strategies, you can improve your chances of a successful outcome. Before Filing, make sure you take the right steps to protect your claim and avoid costly mistakes. Whether you handle the case on your own or seek legal guidance, being well-informed is the first step toward getting the compensation you deserve.
Aamir Ghumro 
IQnewswire