If you have suffered an injury when shopping in a superstore you could be entitled to file a personal injury compensation claim if your injury is serious enough that you require medical treatment.
You will have to be able to prove that the accident was not your fault and that the store caused it because there was a hazard they should have known about and done something about before it became a danger to members of the public.
For example, if a customer knocks a product off a shelf or a bottle of liquid splits open and spills its content on the floor and you slip on it because you didn’t expect it to be and you end up in hospital you may be able to seek compensation.
Like any other business, superstores are required to keep its premises safe for all to use and that means keeping a good watch on what is happening throughout the store.
The Main Reasons for Accidents
There are numerous potential hazards in a big store which include:
- Torn and ragged floor covering
- Sharp corners to shelves
- Too many products stored precariously on a shelf
- Spilled slippery liquid
- Poor lighting
- Cartons left on the floor.
- Cut a wrist on a protruding nail on the outside of a display cabinet.
- Hit ones head hard on a sign that was far too low.
All these obstacles could cause an unexpected accident if Walmart employees, or any other employees, aren’t vigilant enough about clearing up such potential obstructions.
How You Should Pursue a Personal Injury Claim Against a Superstore
Walmart, like any other chain, isn’t easy to beat in a successful personal injury claim. It is self insured and doesn’t cover itself with public liability insurance. It takes whatever measures it can with the help of its attorneys to avoid settling personal injury claims.
Most megastores have CCTV cameras installed throughout their stores. This can help you, because it will record how long a particular hazard was left in place before you unexpectedly encountered it.
It’s this sort of information which is important if you want to determine if the company was negligent and should have seen the hazard and done something about it, such as in a slip-and-fall case at Walmart, or whichever store is responsible.
If you are injured in a store you should seek medical treatment immediately and if you are able jot down the names and addresses of any nearby potential witnesses do that too. If you have a camera facility on your phone, take a few photos of the accident scene.These two things can help reduce the length of time to settle your claim against Walmart, or whatever store may be at fault.
If you have hit your head serious symptoms may not manifest themselves until a later date so you must tell the physician examining you.
How To Win Your Personal Injury Claim
Personal injury claims can be challenging. You will need to provide enough supporting evidence that shows without a doubt that your injuries were caused by the negligence of the store and its employees. You will need to provide documentation and other evidence that shows the store should be held liable for your losses.
The claims process starts almost as soon as the slip and fall accident. You will need to start gathering supporting evidence right away.
If you are physically able to do so, get photos of the accident scene. These photos can help prove why you fell, where you fell, and how you fell. Look around for surveillance cameras in the area. If a surveillance camera caught your fall on video, it can be used as evidence. The surveillance camera footage can also show if the hazard existed long enough for the employees to have addressed the issue.
Be sure to establish medical care right away. If you delay treatment, it becomes difficult to prove that your injuries were because of the slip and fall. Keep copies of all medical record and medical bills.
You will add up all your medical expenses, including hospital bills, physician visits, prescriptions, medical devices, physical therapy, home healthcare, and anything else that is associated with your medical care. You should document missed work and lost wages. You will want to get reimbursed for these expenses as well.
You should start gathering evidence and documentation as quickly as possible. You don’t want to let any evidence be destroyed or thrown away. All the documentation that you can gather is helpful to building a strong slip and fall claim so you can recover your damages. You will need to provide the information that you collect to your accident injury lawyer. Your attorney will also gather supporting evidence and documentation.
How To Prove The Store Is At Fault
To prove Walmart, or any other store, is liable for your damages, you will need to show that they were negligent. When you can prove negligence, you can show that they are liable for your damages.
All four elements of negligence must apply to your slip and fall. The four elements of negligence are – duty, breach of duty, causation, and damages. Here is an example of how negligence may apply to your slip and fall:
Any business owes its patrons a duty. Like any store, when you go to Walmart, they have a duty or a responsibility to maintain safe premises to protect you from harm. If they fail to properly clean and/or maintain those premises, then they have breached that duty. If you are in the store and slip and fall because of loose floor tiles that had been that way for weeks, then the store has breached its duty.
That breach of duty caused your fall because you tripped over the loose tiles and then you fell. Your injuries – such as a back injury or a broken wrist – were caused by the breach of duty. You will need to provide supporting evidence and documentation to support your claim. Medical bills, medical records, witness statements, photos of the accident scene, and surveillance video can be helpful in supporting your claim.
Remember, to have a successful personal injury claim because of a slip and fall, you will need to provide supporting evidence and documentation. You will need to maintain all the documentation that you can to detail your losses. Be sure to maintain thorough documentation that shows your missed work and lost wages, and, also, keep copies of any medical excuses from your employer.
Tips For a Successful Claim
To have a successful claim, you should establish medical care right away. The longer you postpone your medical treatment, the more likely you are to face difficulty in proving that your injuries were the direct result of the slip and fall. For your claim to succeed, you will need to provide the supporting documentation that proves your accident was because of the slip and fall, so you can work on negotiating a settlement with the retailer for your damages.
If you prove the severity of your injuries and that they were caused by a store’s negligence, they are much more likely to try to resolve the matter before it goes to court. You should only give the store copies of your documents and you should keep the originals.
Don’t talk to the insurance before you consult with a personal injury lawyer. As most stores do, Walmart likely has lawyers looking out for their interests, so you should have experienced legal representation working for you.
When you work with an accident injury attorney on your claim, you should not have to pay anything up initially. Instead, your attorney will take the case on a contingency basis. That means that your attorney will not be paid until you recover compensation through a judgment or a settlement. When you recover compensation, your attorney will receive the percentage of your settlement that you agreed upon when you hired him or her.
If you talk with the insurance without legal representation, you may unknowingly say something that could be used against you in court. They may try to turn around what you say or convince you that your damages aren’t as serious as they actually are. An attorney will be able to help you determine what to say and how to properly describe your situation and your injuries.
To get a free case review, complete the Free Case Evaluation Form on this page. You will be sharing the details of your slip and fall with a personal injury law firm in your area. Someone will then contact you and tell you the best way to proceed with your case. There is a statute of limitations, which is a time limit, for pursuing an accident injury claim in your state. If you wait too long, you cannot recover damages.
Discuss Your Case With a Personal Injury Attorney
Once you have all the evidence at your fingertips you should consult with an attorney who will study the circumstances of the accident and decide if your PI claim is likely to be successful.
Your attorney will draw up the claim to include the cost of medical treatment, loss of earnings while you recover, an amount for the pain and suffering you have to endure due to an accident that was not your fault and punitive damages if there is clear evidence that the store deliberately failed to put its customers first when it comes to customer safety.
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Walmart, or any other party, you may not be entitled to any compensation.
