Bakersfield victims who slip and fall at Walmart may come away with serious injuries and time in the emergency room. A major store chain can be held liable for injuries, but many victims don’t realize this and struggle with financial issues.
These are a few things that Maison Law Accident & Injury Lawyers of Bakersfield never wants to see victims put through after a fall:
- Victims facing stacks of medical bills by themselves.
- Victims having to get by without help as they lose paychecks because they can’t go to work.
We offer a free, no-obligation consultation for all slip-and-fall accident victims in Kern County. It’s a chance to help determine what Walmart should provide in support and how to force them to accept blame.
How Do I Know When to Call a Slip-And-Fall Attorney?
If you fall in a Walmart and only receive some minor bruising, you may not need a lawyer to handle your case. But if you suffer anything more serious, it’s a good idea to speak to a Bakersfield slip-and-fall accident lawyer about your options.
Under California premises liability laws, Walmart is completely accountable for the safety of customers. But if you get hurt on an aisle, Walmart will have corporate lawyers ready to try to pin the blame on you. A commercial liability insurance company may also downplay how badly you are hurt, so they can withhold full support as you try to pay off your medical debt.
Your attorney fights back on your behalf, investigating your accident and securing evidence that keeps the facts from changing. That can include making legal requests for any surveillance video Walmart has of what happened.
Your rights are safeguarded, and there’s often a financial benefit as well. The experience of a great attorney usually means you’ll get much more for your injury than if you decide to handle your claim yourself.
Is Walmart Responsible for My Slip-And-Fall Accident?
In most cases, yes. Walmart and all businesses in California are responsible for the wellbeing of all visitors. They must look out for the customer’s safety over the journey from the parking lot to the back aisle. California Civil Code (CCC) goes over this legal “duty of care.”
CCC 1714:
“(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
This duty means that Walmart must be careful not to create dangerous obstacles, such as aisles lined with stocking boxes that could cause a trip-and-fall. They must also constantly monitor for dangers that other customers create, such as a child spilling juice. Once a hazard is spotted on the floor, it must be cleaned up in a reasonable amount of time.
If someone is able to come along and step on a puddle and fall into the shelving, Walmart is liable for any resulting skull or brain injuries. That means supporting victims until they fully heal.
Unfortunately, a giant retail chain like Walmart can afford teams of lawyers who get them out of these situations. Lawyers and insurance adjusters might argue that you were clumsy or that you are faking your pain. They engage in this shady behavior to get away with providing nothing to patients.
And sometimes these tactics work! Especially on those who don’t have strong legal representation ready to fight back.
What to Do After a Fall at a Bakersfield Walmart
Victims might be shopping at a location like the Super Walmart on Colony Road in southern Bakersfield or the one off of Highway 178 in eastern Bakersfield. They could be scanning aisles to find what they need for the week when they suddenly lose their footing and take a painful fall.
It could happen in a Walmart parking lot or in the bathroom on a soapy, slick floor. Afterward, it’s critical to get evidence of what happened and why it happened.
Victims should always call for help first. They should dial 911 and get an ambulance on the way if they are hurt. Then, if they are able, victims should grab as much evidence at the scene as possible.
It’s an important step, because whatever hazards caused the fall will surely be removed, repaired, or cleaned up right after the patient leaves.
Try to gather these details to strengthen your case:
- Use your cellphone to take pictures of the obstacle that caused your fall, and also show any visible injuries.
- Alert a Walmart manager. An incident report should be filled out and should serve as evidence in your favor.
- Beware of what you say to the Walmart employees. Don’t say “I’m alright.” This statement can be used against you later as insurers twist your words to make it sound like you weren’t hurt. Avoid saying “my bad” too. This might be taken as admitting fault. Just stick to a basic recounting of what happened.
- Get witness contact information. This might even include a helpful Walmart employee.
- See your own doctor. Go to your family physician even if you’ve already been to the emergency room. Get all diagnosed injuries and any new pain checked out and documented. Follow your doctor’s orders, including getting physical therapy if necessary.
- Contact a skilled slip-and-fall lawyer and go over your case before speaking to insurance adjusters or Walmart Lawyers.
Frequently Asked Questions
What should my slip-and-fall accident settlement check cover?
Your settlement check needs to cover your medical expenses now and any that might arise in the future. The income you’ve lost while you must be absent from work should also be returned to you. The pain you endure months after a hard fall at Walmart should be compensated. The emotional distress you are left with after a frightening collapse and a demoralizing recovery should also factor into the size of your settlement. Your attorney would make sure these and other damages were considered in any settlement offer.
How long do I have to file a slip-and-fall accident claim against Walmart?
The statute of limitations for filing a slip-and-fall injury claim is two years. But you should never delay. Waiting can mean valuable evidence vanishes and witnesses become harder to track down. The sooner you file your claim, the sooner you can hopefully receive a settlement check from Walmart.
What if I can’t afford to pay a lawyer?
You don’t have to have any money set aside to pay one of your lawyers. We don’t charge anything unless we win your case for you. Then our fee comes out of the check that Walmart is forced to write you. Anyone can afford a skilled lawyer.
Contact a Bakersfield Trip-And-Fall Lawyer
If you have a serious injury, and Walmart’s actions (or lack of action) contributed to your fall, contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a free consultation. It’s a confidential, no-obligation review of your case with a real slip-and-fall accident lawyer.
There are benefits available to you that Walmart’s lawyers hope you don’t become aware of. Find out what your case is worth from a legal professional in Bakersfield before an insurance company tells you it’s worth very little.