Wal-mart is the largest chain of stores in the country. Each year thousand of customers suffer devastating injuries in Wal-Mart stores resulting from the negligent conduct of store employees and managers. In fact Walmart sustains the highest number of personal injury claim and lawsuits than any other privately owned entity in the United States. Our law firm is dedicated to providing experienced legal representation on behalf of victims of personal injury across the state of California. If you have any further questions feel free to contact our offices. All case reviews and legal consultations are provide by our attorneys free of charge.
Common Accidents Due to Wal-mart Negligence:
There are numerous accidents which frequently take place in stores. Some of the most common types of cases we handle is provided for here…
- Slip and fall accidents
- Trip and Falls
- Falling Merchandise
- Assault and Battery
- Shipping Cart Accidents
- Acts of Sexual assault and sexual battery
- Accidents caused by loose carpeting
- Food poisoning – or foreign objects in foods purchased
- Defective store merchandise or clothing
- Electrocution injuries
- Accident in parking lots – pedestrian and auto accidents
- Accidents and injuries in store bathrooms
Common Injuries Associated with Slip and fall and Trip and Falls
Slip and fall and trip and fall accidents in stores result in a higher probability serious injuries in comparison to most other types of accidents. There are various injuries which can result from such accidents. A list of the most common injuries our clients have suffered is provided for below…
- Injuries to the spinal cord – including slipped disc, bulging and ruptured discs, thecal cord damage, and nerve injuries.
- Broken femur and broken ankles.
- Damage to the knees – including shattered knee caps, ACL and MCl tears.
- Facial damage – broken nose, facial bone fractures, ocular damage.
- Damage to the ear – resulting in tinnitus, partial or complete loss of hearing.
- Brain injuries – resulting in concussion, mild traumatic brain injury and traumatic brain injury.
- Damage to the shoulders – including torn rotator cuff, fracture, frozen shoulder, dislocation and separation.
- Hip fractures.
- Injuries to children.
- Injuries to pregnant mothers causing harm to the unborn.
Establishing Fault Against At Fault Defendants
The majority of premises liability claims are predicated on the negligence theory of liability. There are four general elements which need to be shown in order to prove negligence in the court of law.
- Duty: Did the store owe a specific duty to the injuries shopper.
- Breach: Did the store breach its duty of care.
- Causation: Was the breach of the duty of care the cause of the accident.
- Injuries: Did the plaintiff (victim in the incident) suffer actual, diagnosable injuries.
Duty of the property owner to shopper: Individuals that enter a property for a commercial purpose (including shopper in stores) are owed the highest level of care possible under the law. Thus property owners and stores owe a duty to routinely inspect their property of any potential dangers, properly warn customers of such dangers ameliorate such dangers immediately.
Other Theories of Liability:
- Defective Products: Defective product claims are predicate a strict liability cause of action. There are three way to prove a product liability case. Defect in the product design. Defect in its manufacturing and labeling defect (failure to properly warn of known dangers associated with the common use of the product). Defective product theory of liability can also be used on cases of food poisoning or presence of foreign objects on foods purchased in Wal-Mart stores.
- Acts of intentional conduct.
Steps to Take after a Slip and Fall – How to Protect Your Legal Right to Compensation
There are several important steps which if followed can increase probability of a successful resolution of your civil injury claim in the court of law.
- Immediately ask the store to write down an incident report.
- Take pictures of the accident location. Including any liquids on the floor.
- Preserve evidence – if your clothes have become wet due to the liquid on the floor then take pictures and do not clean your clothes.
- Witnesses – if there are any witnesses ask them for their contact information.
- Seek medical attention – call 911 and ask for an ambulance to take you to the nearest emergency room or urgent care center.
- DO NOT speak with any insurance adjusters or store security regarding the facts of how you fell. Any statements you make to them can be used against you to reduce or eliminated your right to recovery.
- Seek legal consultation from a law firm experienced on representing victims of slip and fall accidents.
Valued of a Wal-Mart Store Accident Case – Damages Recoverable
One of the most common questions asked by prospective clients concerns the amount of recovery available. Every case different and involves a unique set of variable which can play a significant role in establishing a case value. Some of the most important factors in determining the potential value of the personal injury case include the following.
- The specific type of injuries you have suffered.
- The extent and severity of those injuries.
- Current and future medical costs associated with those injuries.
- Loss of income and future loss of earnings.
- Emotional distress, pain and suffering.
- Availability of punitive damages: Courts can award punitive damages on top of all general damages when the defendant party acted with intentional conduct to cause the harm suffered, and or acted in reckless disregard (gross negligence) for the well being of others.
- The percentage of liability which can be placed on the at fault party.
Cost for Hiring an Attorney: Unlike many other law firms we represent personal injury clients exclusively on a contingency fee basis. This means that victims will not have to pay any fees or costs out of pockets. We get paid for our work only when there is a successful settlement of your case. If there is no successful resolution then you will not have to pay back any costs or legal fees.
No Cost Case Review: Our offices are able to provide victims of medical malpractice with case reviews, consultations and second opinions free of charge. If you have any further legal inquiries feel free to contact us. We will be ready able to assist you to the best of our abilities.