For many people, browsing through the aisles at Walmart is a regular day in life. After all, they offer everything from groceries to gadgets under one roof. It’s easy to lose yourself in thoughts about what to cook for dinner or which brand of shampoo to try, not realizing the store staff has left a spilled or other hazard unattended. The fall happens in a split second — and it happens much more often than you might think.

The aftermath, however, can change your life forever. Big box stores like Walmart are busy places, and due to a shortage of staff, poor supervision, or negligence of the maintenance team, spills and scattered items may go unnoticed. This is why the retail giant faces a constant stream of personal injury lawsuits. If you believe that a store’s negligence led to your injuries, you may have a legal avenue to seek compensation. Contact our slip and fall attorneys at The Law Offices of Scott J Senft for a free consultation today.

Photo of a Man with Injured Knee

How Much Money Does Walmart Settle for Slip and Fall Accidents

When it comes to settlements for slip and fall accidents at Walmart, there’s no simple answer. The fall settlement amount depends on the severity of the injury, the circumstances of the fall, and many other legal considerations. That said, the average compensation in Walmart slip and fall accident cases may range from $100,000 to $1 million or more. To give you some insight, here are some of the recent Walmart personal injury settlements and verdicts:

$7.5 million

Army veteran Henry Walker experienced a life-altering fall in a Walmart store. While reaching for a watermelon, he tripped and his foot got stuck in a wooden pallet, resulting in a severe hip injury. The jury found Walmart negligent, partly because security footage showed similar accidents involving other customers. This contributed to the substantial $7.5 million verdict, which included punitive damages because of the lifelong impact on Walker’s daily activities.

$1 million

Dorothy Wynn, a 74-year-old woman, secured a $1 million verdict against Walmart for injuries sustained from tripping over a crack in the store’s parking lot. Despite Walmart’s defense, which included surveillance video suggesting Wynn walked normally post-fall, the Orange County jury acknowledged the severity of her ankle injuries and how they would change her living standard. This fall case underscored the importance of retail stores maintaining not just their indoor spaces but also their parking lots to prevent such accidents.

$1.4 million

Linda Watts slipped on a floor mat in a puddle of liquid at a Walmart cash register in Woodstock. This resulted in a debilitating arm injury, including a torn rotator cuff and dislocated shoulder. A federal jury awarded her more than $1.4 million, including $200,000 for attorney fees, after finding that Walmart had raised flimsy defenses.

$1.39 million

Dawn Bishop pursued a Walmart personal injury claim after she had a heavy box fall on her head while browsing the store, resulting in a cervical strain and head contusion. Despite extensive medical treatments, she continued to suffer pain. The accident was attributed to a cashier’s negligence, who was stacking shelves without proper training. The jury awarded Bishop $1.39 million to reflect Walmart’s liability in ensuring the safety of its merchandise placement.

Wrongful death

A woman has filed a wrongful death lawsuit against Walmart, alleging her mother’s fall in their Brewer store caused her death. Thelma, 88, tripped over a mat with a ripped surface and broke her femur. This worsened her heart condition and contributed to her death a month later. The lawsuit seeks damages for pain, medical bills, and emotional distress.

These are just a few examples. As a multibillion-dollar corporation, Walmart has been found by nationwide courts to be responsible for negligence in countless cases. Considering these cases, it is clear that average Walmart slip and fall damages can be substantial when your injuries have a drastic impact on your (and your family’s) life, particularly when the store’s negligence is apparent. Notably, the expertise of your Walmart slip and fall attorney and their capability of taking on a powerful defendant will be a key factor in your financial recovery.

Types of Evidence Your Lawyer Will Collect in a Slip and Fall Injury Claim

If you are pursuing a slip and fall injury claim against Walmart, your lawyer will work to gather evidence to establish liability. Here are some types of evidence that they will collect and present to maximize your compensation:

  • Incident Report: If the slip and fall incident was reported to Walmart, there should be an incident report. This document can provide details about the time, date, and circumstances of the accident.
  • Surveillance Footage: Walmart has many surveillance cameras. Your lawyer may request footage of the area where the slip and fall occurred. This can help establish the conditions at the time of the incident and may show if there were any hazards.
  • Witness Statements: Statements from individuals who witnessed the slip and fall can be critical. Eyewitness accounts can help corroborate your version of events and provide additional perspectives on the conditions at the time of the incident.
  • Employee Testimonies: If employees were present during the incident, their testimonies can be valuable. They may have knowledge of the hazardous condition, any ongoing maintenance or cleaning activities, or other relevant information.
  • Maintenance Records: Maintenance records can help establish whether the store was aware of a hazardous condition and if they took reasonable steps to address it promptly. This includes records of cleaning schedules, inspections, and repairs.
  • Photographs and Videos: Your lawyer may collect photographs or videos of the accident scene, showcasing the conditions that led to the slip and fall. These visuals can be compelling evidence in court.
  • Medical Records: Documentation of your injuries, medical treatments, and related expenses can establish the extent of the harm you suffered due to the slip and fall. This is crucial for determining the damages you may be entitled to.
  • Expert Opinions: Your lawyer may consult with experts such as engineers or safety professionals to assess whether Walmart’s premises met safety standards and whether they were negligent in maintaining a safe environment.
  • Store Policies and Procedures: Documentation of Walmart’s safety policies and procedures can be important. It can help establish whether the store adhered to industry standards and its own guidelines in maintaining a safe environment.
  • Previous Incidents: If there were similar incidents in the same location or if Walmart had a history of similar slip and fall accidents, this information may be relevant to your case.

Photo of a Man Slipped on Wet Floor

How Will the Value of My Walmart Slip and Fall Claim Be Determined?

Like any personal injury claim, the amount of compensation the injury victim receives is determined by several factors:

Medical expenses

This is the biggest factor. It includes all the medical costs associated with the injury — emergency room visits, hospitalization, surgery, medication, physical therapy, ongoing treatments, and future care needs. More catastrophic and long-lasting injuries can result in a higher settlement. For instance, a spinal injury leading to chronic pain or a head injury with lasting cognitive effects would be valued higher than a minor, short-term injury. Keep all receipts and detailed records of every treatment.

Lost wages and earning capacity

If the injury causes you to miss work or impairs your ability to earn in the future, this loss is quantifiable and can be claimed. Documentation from your employer and healthcare professionals stating how the injury affects your work comes in handy here.

Pain and suffering damages

This is more subjective and varies significantly between cases. It refers to the physical pain and emotional distress suffered due to the injury. This is usually calculated based on the severity and duration of the pain.

Liability and negligence

The strength of accident claims largely depends on proving that Walmart was negligent. This could be due to wet floors without warning signs, poor lighting, or any condition that Walmart failed to reasonably address. If you can prove that the store failed to keep its premises safe, your claim will be stronger. Evidence like photos of the scene, witness statements, and accident reports play a vital role here.

Comparative negligence can also affect the claim value when you sue Walmart. In some states, if you are found partially at fault (for example, not paying attention while walking), your fall settlements might be reduced accordingly. The degree of your responsibility will affect how damages are allocated.

Modified comparative negligence

Florida now follows a modified comparative negligence system. Under this rule, if you are found to be more than 50% at fault for the accident, you will be barred from recovering any damages from the defendant. The legal team at Walmart will use every tactic to shift a significant part of the blame to you to escape liability. This makes it crucial to have a capable Florida slip-and-fall lawyer on your side to prove Walmart’s negligence and protect your right to compensation.

Quality of evidence

The better the evidence, the more likely you are to receive a higher settlement. The more evidence you have to support your fall injuries and the negligence of the store, the more accurately you and your attorney can value your fall settlement claim. Your slip and fall accident lawyer should have the skills and resources to move fast and secure compelling evidence to prove the negligence of Walmart and any other related parties.

Legal precedents

Similar past cases and their settlements can also provide a benchmark for the value of your claim. However, each slip and fall case is different, so this is more of a guideline than a rule. Good attorneys always look at previous cases to gauge the potential damages their client may be entitled to.

Punitive damages

Punitive damages are rarely awarded in slip and fall injury cases. To be eligible for these, you would need to prove that either “intentional misconduct” or “gross negligence” occurred. “Intentional misconduct” implies that Walmart knew their behavior was wrong or dangerous and likely to cause injury, whereas “gross negligence” refers to extremely reckless or careless behavior indicating a disregard for life, safety, and the rights of others.

Under Florida law, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater. However, in instances where a defendant’s intentional misconduct was purely for financial gain, courts may award punitive damages up to $2 million or four times the compensatory damages, whichever is greater.

Photo of an Injured Man on the Staircase

You Need a Resourceful Walmart Slip and Fall Attorney to Fight their Legal Firepower

When you have any kind of personal injury case on your hands, having top-rated attorneys represent you is a good idea. But this is even more important when you are thinking of suing Walmart.

Walmart handles its slip-and-fall claims differently from many other businesses, primarily because it self-insures. In other words, Walmart has its own company – Walmart Insurance Services, LLC — to handle liability claims, rather than relying on a third-party insurance provider. It is Walmart’s own money at stake when people sue the company. So of course, the company is known for being assertive in defending against these claims.

This fact is well-documented. In August 2018, 62-year-old Evelyn McCray suffered severe injuries after slipping on gravel-like substances in a Walmart parking lot in Georgetown, South Carolina. McCray filed a lawsuit claiming Walmart overlooked the necessary safety measures on their property. The fall affected McCray’s ability to care for her husband, for which she sought various damages.

However, the case took a turn during the discovery phase, in which Walmart was accused of intentionally withholding and redacting important documents.

The company’s legal team purposely labeled some critical documents as either “irrelevant” or “confidential”, but these were eventually revealed to contain highly relevant details about the products linked to McCray’s fall.

The issue extends beyond this case, with Walmart facing similar accusations and sanctions in other lawsuits across the country. These shady strategies Walmart uses during litigation create a David vs. Goliath scenario for the plaintiff. An experienced and resourceful slip-and-fall lawyer can level the playing field. They bring to the table not just legal knowledge but also the ability to anticipate and counter the company’s stealthy maneuvers.

Get Strong Legal Representation to Maximize Your Slip and Fall Injury Compensation from Walmart

If you are up against Walmart in a slip-and-fall lawsuit, you need a personal injury lawyer with a proven track record. The Law Offices of Scott J. Senft is known in South Florida for going the extra mile to achieve the best possible outcomes for our clients.

Led by attorney Scott J. Senft, our slip-and-fall injury lawyers possess the capability to confront formidable adversaries like Walmart. With extensive skills and resources, we are prepared to litigate your case, pursuing the highest compensation possible. Whether through aggressive negotiation for a settlement or presenting a compelling case in court for a jury verdict, our goal is to secure maximum financial recovery for you.

If you are looking for a legal team that combines over 25 years of experience and a personalized approach to ensure your voice is heard and justice is delivered, look no further. Reach out today for a free, no-obligation consultation.

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