There are two ways to seek potential compensation if you were injured in a slip and fall accident at a Walmart store in Florida. First, you can file a claim against the store’s property and liability insurance coverage.
You can also file a personal injury lawsuit, provided it is within four years from the date of the incident (Florida Statutes § 95.11). In either situation, you should consider having a slip and fall accident lawyer on your side who understands and accepts these kinds of cases.
What You Should do After a Slip and Fall at a Walmart Store in Florida
Walmart shoppers are considered invitees and are legally owed the highest consideration from the property owner. An invitee is someone allowed to be on the premises for a mutually beneficial business transaction. Florida statutes require Walmart to offer a safe place to shop.
Unfortunately, not all stores uphold this duty of care. If you or a loved one was injured because of a slip and fall accident at a Walmart store in Florida, you could be entitled to compensation.
Our Suggested Checklist
As slip and fall accident lawyers in Florida, we suggest that you take the following steps after a slip and fall accident at Walmart (or anywhere):
- Call for help.
- Get medical care right away.
- Report the fall at once.
- Take pictures of the accident site to strengthen a potential claim or lawsuit (for example, the floor was wet, and there was no caution sign).
- Get the names and phone numbers of witnesses.
- Call a slip and fall accident lawyer to protect your rights.
We realize that you may not be able to take pictures if you are injured. However, it is possible that store employees may try and clean the area immediately to cast doubt on the reason for your fall. However, a slip and fall accident lawyer can request closed-circuit video recordings, which may be used as part of your claim or personal injury lawsuit.
Why You Should Ask a Slip and Fall Lawyer to Help You Seek Compensation
Slip, trip, and fall accidents are the second leading cause of death worldwide, according to the World Health Organization (WHO). Non-fatal slip and fall accidents can result in a severe injury that might prevent you from working or enjoying daily activities.
According to the National Floor Safety Institute (NFSI), slip and fall accidents are a leading factor in missed workdays and emergency room visits.
Common injuries from a slip and fall accident include:
- Broken or fractured bones, especially hips, legs, arms, and wrists
- Concussion
- Traumatic brain injury (TBI)
- Slipped or herniated spinal disk
- Nerve damage
- Facial or dental lacerations
- Contusions
- Internal bleeding
Conditions That Can Cause Slip and Fall Injuries at Walmart
No matter how careful shoppers are, dangers lurk throughout Florida’s retail stores that could result in a slip and fall accident. Common problem areas include:
- Surfaces that could be slick or slippery from water, grease, or leaks or spills
- Uneven or cracked surfaces (e.g., sidewalks) that could make someone trip and fall
- Parking lots that become dangerous because of ice, rain, or snow
- Mislabeled entrances or exits
- Misplaced items that should not be in the aisles or common walkways
- Areas that aren’t properly lit, making it hard to see
- Blind spots that make it hard to see oncoming traffic, pedestrians, or other shoppers in the store
Shoppers can also encounter hazards that may be at the particular store they visited, such as an ongoing construction in the store or its surrounding areas. If any of these contributed to your accident, make a note of when you became aware of these dangers.
Our team at the Law Offices of Anidjar & Levine believes that a negligent Walmart store should be held accountable for your injuries and damages. We can review your case for free and pursue compensation through an insurance claim or a lawsuit.
You Can Sue Walmart After a Slip and Fall, or You Can Seek a Settlement
While you may have the legal right to have a lawyer sue Walmart on your behalf, it may not be the best way for you to obtain compensation. A trial can take months or years. For example, it took 12 years before a Jacksonville woman won a $1 million verdict against a Jacksonville Walmart store. Suing Walmart may not be the best course of action if you have medical bills piling up and are unemployed or on disability.
Plaintiffs and Defendants Often Prefer to Settle
Here are other factors to consider when choosing between getting a settlement or seeking a favorable verdict at trial:
- Compensation from settlements is usually faster than from a trial verdict.
- Trials can reveal unpleasant personal information.
- Damages awarded in a verdict depend on jury empathy.
- Defendants who settle do not have to admit liability.
- Trials are expensive for both parties.
- Settlements are private, but trial results are public records.
Sometimes a prominent defendant like Walmart prefers to settle quietly. If this happens in your situation, you will probably need to sign a non-disclosure agreement that keeps the details and monetary compensation confidential.
What You Might Recover in Damages
Each case varies, but damages in a slip and fall accident typically include:
- Medical bills
- Lost pay
- Reduced earning ability
- Disability
- Disfigurement
- Pain and suffering
Establishing Liability in a Florida Walmart Slip and Fall Case
Our slip and fall injury lawyer will use the evidence in your case to determine who is responsible for your injuries and losses. While Walmart has the legal duty to keep all visitors on its premises safe, as explained earlier, we must prove the retailer is liable for your accident. We must show that at least one of the conditions below occurred in your incident:
- Walmart is directly responsible for your slip and fall accident in its store.
- Walmart’s staff was aware of the hazard or its potential to cause harm but did nothing about it or did not bring it to your attention.
- Walmart should have reasonably known about the danger on its property that caused your injury.
We will have to establish how long the danger was on Walmart’s property before your slip and fall and how long the retailer’s team knew about it. Speaking with witnesses, viewing video surveillance, and consulting with expert witnesses can help us determine this timeline.
You Have a Limited Time to Take Legal Action in Florida
We will need time to investigate your accident thoroughly, so the sooner we hear from you, the sooner we can determine how to proceed with a claim or legal action. As Florida Statutes 95.11(3)(a) notes, we have four years to sue for damages if we cannot settle with the liable party.
Once this deadline expires, you will not be able to pursue damages. We will advise you on how much time you have left before the deadline that applies to your case, as well as any exceptions that could lengthen or shorten the timeline.
Call Us for a Free Consultation After a Walmart Slip and Fall
A slip and fall accident attorney with the Law Offices of Anidjar & Levine will pursue the compensation you may be entitled to receive. Our attorneys work on contingency, which means we can start on your case right away without an upfront payment. If we cannot recover compensation, you do not pay attorney’s fees. If our firm recovers a financial award for you, we will take our fee from your award.
Please call our firm at 1-800-747-3733 to request a free consultation. We will answer your questions and advise you on your next steps and legal options. You worry about getting better while we take care of everything else.
