A slip and fall can leave you dealing with painful injuries, expensive medical bills, and unexpected time away from work. If you fell and got hurt in an accident at Walmart, a Los Angeles slip and fall accident lawyer can guide you through the process of filing a claim.
The attorneys at Sweet James have taken over 500 cases to trial. If you were injured in a fall at Walmart, a Walmart slip and fall accident lawyer in Los Angeles can help you seek compensation for your injuries and other losses.
The Role of a Los Angeles Walmart Slip and Fall Accident Lawyer
Slip and fall cases have a high burden of proof. A California slip and fall accident lawyer from Sweet James can assist with your case by:
- Conducting an investigation: A lawyer can determine what caused your fall, how long the dangerous condition existed, and whether Walmart employees had an opportunity to correct it.
- Gathering evidence: A lawyer can collect store surveillance footage, incident reports, cleaning logs, and maintenance records to strengthen your claim.
- Calculating your losses: A lawyer can tally your economic and non-economic damages and calculate your claim’s true value.
- Negotiating with insurance companies: A lawyer can communicate with Walmart’s claims representatives and insurance providers and work to negotiate a fair settlement.
- Filing a lawsuit: If a settlement can’t be reached, a lawyer can file a lawsuit and present your case in Los Angeles Superior Court.
Types of Damages You Can Pursue
After a fall at Walmart, you may be able to recover compensation for:
- Medical expenses: You may recover the cost of emergency treatment, hospital stays, surgery, medication, physical therapy, diagnostic testing, and future medical care.
- Lost wages: If your injuries prevent you from working, you may recover income you missed out on during your recovery.
- Reduced earning capacity: If your injuries permanently affect your ability to perform your job or earn the same income, you can seek compensation for future lost income.
- Pain and suffering: You may recover compensation for the pain, discomfort, and physical limitations caused by the accident.
- Emotional distress: You can seek compensation for anxiety, depression, embarrassment, and other emotional effects of the accident.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies, recreational activities, or everyday experiences you previously enjoyed, you may receive additional compensation.
- Punitive damages: If the other party is guilty of malice or extreme negligence, additional damages may be awarded.
A slip and fall accident lawyer from Sweet James can help ensure all of your damages are included in your claim.
How Do You Prove Negligence?
To prove negligence in a Walmart slip and fall case, you must demonstrate that another party had a duty of care and failed to uphold it. Specifically, you must prove four legal elements:
- Duty of care: Walmart has a legal responsibility to keep its store premises in a reasonably safe condition for customers.
- Breach of duty: Walmart failed to keep the area safe by either creating the hazard or failing to fix or warn about it.
- Causation: The dangerous condition directly caused your slip and fall, leading to your injuries.
- Damages: You suffered real, measurable losses as a result of the fall.
A personal injury lawyer from Sweet James can help gather evidence that establishes these elements.
What Is the Deadline for Filing a Walmart Slip and Fall Lawsuit in California?
The deadline for filing a Walmart slip and fall lawsuit in California is typically two years from the date of your injury under CCP § 335.1. However, if your case involves delayed injuries, injured minors, or a defendant who flees the state, a different filing deadline may apply.
Missing the applicable deadline can result in you forfeiting the right to sue for a slip and fall accident. A Los Angeles Walmart slip and fall accident lawyer from Sweet James can help ensure that doesn’t happen.
Common Causes of Walmart Slip and Fall Accidents
Walmart stores experience substantial customer traffic throughout the day. Without appropriate safety procedures, hazards can arise and cause shoppers to fall. Some common causes of Walmart slip and fall accidents include:
- Wet floors: Spilled drinks, leaking refrigerators, recently mopped floors, and tracked-in rainwater can make walking surfaces slippery.
- Food and liquid spills: Leaking containers, broken jars, spilled beverages, and dropped food can create slip hazards in grocery aisles.
- Merchandise left on the floor: Products, packaging materials, shopping baskets, and other objects can obstruct walkways and cause customers to trip.
- Damaged flooring: Loose tiles, torn carpeting, uneven concrete, and broken floor surfaces can create tripping hazards.
- Poor lighting: Dimly lit aisles, stairwells, entrances, and parking areas can make it difficult for shoppers to recognize dangerous conditions.
- Unsafe entrance areas: Water tracked inside during rainy weather can create slippery surfaces near store entrances and checkout areas.
- Parking lot hazards: Potholes, uneven pavement, loose gravel, and poorly maintained walkways can cause customers to lose their balance.
- Improper merchandise storage: Products that are stacked too high or placed too close to walkways can fall or obstruct customers’ paths.
A Walmart slip and fall accident lawyer in Los Angeles from Sweet James can help prove what caused your fall.
Steps to Take After a Slip and Fall Accident At Walmart
Everything you do after a fall at Walmart can affect the strength of your slip and fall accident claim. It’s important to:
- File a report: Tell a Walmart manager or employee what happened and ask them to fill out an incident report.
- Photograph the hazard: Take pictures of the spill, damaged flooring, missing warning signs, or other conditions that contributed to your fall. Photograph the surrounding area as well.
- Talk to witnesses: Ask anyone who saw the accident or noticed the dangerous condition that caused it for their name and contact information.
- Seek medical attention: Go to Kaiser Permanente Los Angeles Medical Center, Los Angeles General Medical Center, or another nearby healthcare center to get evaluated by a medical professional.
- Avoid discussing fault: Don’t talk about who you think is responsible for the accident when speaking with Walmart representatives or insurance adjusters.
- Save evidence: Keep the clothing and shoes you were wearing during the accident, along with anything else that supports your story.
- Document your recovery: Keep a record of your symptoms, physical limitations, medical appointments, and how your injuries affect your daily activities.
- Consult an attorney: A Los Angeles personal injury lawyer from Sweet James can step in and start investigating your case before crucial evidence disappears.
Consult a Slip and Fall Accident Attorney in Los Angeles
If you were injured because of dangerous conditions at a Walmart store, you have the right to take legal action. A Los Angeles Walmart slip and fall accident attorney from Sweet James can collect evidence for your claim, negotiate with insurers, and fight for the compensation you are entitled to.
Book a free case review to start putting together your claim.
