How To File A Lawsuit Against Walmart – With nearly 5,000 stores in the United States alone, Walmart has maintained its status as one of the nation’s largest retailers for more than two decades. Seeing so many pedestrians on a daily basis inevitably means that thousands of people will be injured on Walmart property each year. These injuries can range from slips and falls to product liability to physical assault or theft.
What happens if you get hurt at Walmart? What legal options do you have and what can you expect from a lawsuit? Below we will discuss the steps you need to take to sue Walmart for personal injury.
How To File A Lawsuit Against Walmart
Personal injury claims can cover any injuries sustained by a Walmart customer or guest. Some of the most common Walmart injuries include:
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Retailers like Walmart usually do not manufacture their products, but that doesn’t mean Walmart can’t be held responsible for selling a product that harms the user. In some defective product lawsuits, all companies in each step of the supply chain (designers, manufacturers, and retailers) may share responsibility for connecting a dangerous product to an unwitting consumer.
Product liability lawsuits can sometimes cover things like food poisoning. For example, if a Walmart refrigerator or cooler is 10 to 15 degrees warmer than it should be, the food stored inside can grow bacteria, potentially making those who eat it sick. Or if a brand of baby food is recalled and Walmart can’t get it off the shelves quickly, anyone who buys that baby food could be entitled to compensation if it causes illness.
Walmart employees who are injured on the job may qualify for workers’ compensation. These benefits are provided by your employer (or your employer’s workers’ compensation insurance) and are designed to cover lost wages, medical bills and other expenses related to work-related injuries.
Many people assume that filing a workers’ compensation claim means that the injured worker waives the right to file a personal injury claim. However, this is not always the case; sometimes you can recover both workers’ compensation and personal injury compensation. It is important for workers to speak with an attorney to ensure their rights are protected.
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Walmart has a reputation as a difficult company to sue. This is primarily due to the company’s wholly owned subsidiary, Claims Management, LLC, which personally pays all claims against Walmart. This means that instead of relying on an insurance company to pay out, deny or negotiate a claim, Walmart personally shares in every penny paid out to an injured customer or employee.
As a result, Walmart has a vested interest in keeping settlements and judgments as low as possible, or rejecting these claims long enough for the customer to eventually give up seeking compensation.
Walmart is also aggressive – with its suppliers, construction suppliers and contractors, and with anyone injured in one of its stores. Even if only one in 10 affected customers gets tired of fighting Walmart and drops their claims, it could reduce the amount Walmart has to pay.
Because Walmart is so large and aggressive, it’s important to have an experienced personal injury attorney on your side as soon as possible. Not only can your attorney defend you against Walmart’s attempts to force you to acknowledge or admit liability, but he can also formulate your claim, assess its value, work to defeat any defenses Walmart may have, and ultimately award you that compensation you deserve. That is why the first and most important step is to consult a lawyer.
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When you first meet with a personal injury attorney, they will conduct an initial interview to determine if your claim is valid—and it likely will be. If you have a viable claim, your attorney will begin gathering evidence, requesting information from Walmart, and even firing (interrogating under oath) its employees.
Most personal injury cases are handled on a contingent fee basis. This means that you only pay court costs if you receive compensation (through a settlement or court order). If you take the case to court and lose, you owe nothing to your lawyer.
When you are going up against such a large and experienced company as Walmart, it is important to have an airtight box. This means having extensive documentation of what happened, how it affected you, and how much you incurred. Some of the evidence that may be useful in a Walmart compensation claim includes:
Walmart, like other retailers open to the public, has a duty to keep its premises reasonably clean and safe for customers. However, this does not mean that all injuries and accidents that occur at Walmart are Walmart’s fault.
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If someone jumps in and falls on a grape that someone dropped seconds earlier, Walmart is unlikely to be held liable—it had no way of spotting the grape or removing it. But if someone slips and falls on grapes that have been on the floor for an hour or more, they can claim that Walmart was negligent by not checking the store for potential hazards.
Before filing a lawsuit, your attorney can send a demand letter to Walmart. This letter will describe in detail what happened, what injuries you suffered and how much compensation you are seeking. Walmart may respond to this email with a settlement offer or disclaim any liability.
If the demand letter isn’t enough to start negotiations, you may need to file a formal personal injury lawsuit in civil court — usually in the county where you were injured.
After filing a lawsuit, Walmart usually makes a settlement offer at some point. If this offer does not match the amount your claim is worth, you may have to take the matter to court, but generally you will be able to negotiate and reach a mutually acceptable amount. Ideally, your attorney will have prior experience with Walmart personal injury lawsuits and can easily anticipate and respond to Walmart’s harsh tactics.
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Because Walmart is self-insured, it tends to be more proactive than many companies sued for personal injuries. Immediately after an injury, before you even leave the store, you may be asked to provide a statement or sign an incident report.
Even if you are clearly not at fault for your own injury, Walmart may use high-pressure tactics to get you to give written confessions before you have a chance to speak with an attorney. These confessions can later be used against you in a civil case.
For example, in a slip and fall accident, a Walmart employee may ask you if you looked at the floor before you slipped. If you answer no, the employee can ask the same question several different ways until they get the right answer. Once you admit that you didn’t look directly at the floor, or that you don’t remember whether or not you did, Walmart can claim that you were negligent by not paying attention—and therefore not at fault.
After you file a personal injury lawsuit, Walmart usually responds in one of two ways: deny liability entirely or make a low compensation offer that doesn’t cover your damages. With an experienced personal injury attorney on your side, you can better estimate the value of your claim, anticipate Walmart’s potential defenses, and ensure that any settlement you accept is sufficient to compensate you for your injuries. In 2021, Walmart maintained its status as the world’s largest retailer, achieving new records of $559 billion in revenue and serving more than 240 million customers per week worldwide. With this kind of foot traffic, accidents and injuries are inevitable — and unfortunately, for those injured in one of its stores, Walmart tends to fight back hard. Below, we discuss what plaintiffs should be aware of when filing a personal injury lawsuit against Walmart.
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As a publicly traded retailer, Walmart has a duty of care to its employees, customers, suppliers and others. This duty may not apply to trespassers or persons who have been evicted from Walmart premises.
If someone is injured on Walmart property or by a product that Walmart sells, Walmart may be liable.
A plaintiff who has evidence to prove all three of these elements is usually entitled to sue Walmart for their damages.
Many types of personal injury lawsuits have been filed against Walmart, from product liability lawsuits to slip and fall lawsuits to accidents in pedestrian parking lots. Some of the most common reasons for a Walmart personal injury lawsuit include:
Walmart Personal Injury Claims
Because Walmart so often defends itself against such lawsuits, injured plaintiffs may face an uphill battle against a particularly well-prepared defendant.
Walmart is one of the largest defendants in the world—so large that it has its own insurance adjuster as a third-party subsidiary. This adjuster, Claims Management, Inc., handles all claims against Walmart and has a streamlined process for managing, evaluating, tracking and processing claims against Walmart. Although your claims adjuster may discuss the case as if they were a neutral third-party adjuster, they are still working for
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