If you are injured in a Walmart accident, it is important to consult a premises liability attorney right away. There are circumstances under which Walmart may be held liable for injuries suffered on a store’s property. Commercial entities such as stores are supposed to provide a reasonably safe environment to customers whom they have invited onto the property, but unfortunately, not all business owners put in place policies and procedures to keep the property safe and check for dangerous conditions that require repair. Our Miami Walmart accident lawyers can help victims bring a claim when this happens. Dangerous conditions that could cause injuries include slippery substances on the floor, improperly stacked merchandise, improperly maintained flooring, cracked sidewalks, broken steps, or broken rails.Holding Walmart Accountable for Your Injuries
If you slip and fall or suffer other injuries in a Walmart in Florida, you may be able to recover damages by filing a premises liability lawsuit. Some of the most common accidents are slip and falls. Under Florida Statute section 768.0755, someone who slips and falls on a transitory foreign substance in a store needs to show that the store had actual or constructive knowledge of the dangerous condition, and it should have repaired it. Actual notice means that the store actually knew about the dangerous condition. You will need to prove that the business owed you a duty of care and breached the duty of care, causing your accident.
In most cases, however, plaintiffs and Walmart accident attorneys in the Miami area seek to show constructive notice. Proving constructive notice means providing circumstantial evidence that proves that the dangerous condition was there long enough that when using ordinary care, the store should have known that the dangerous condition was there. Alternatively, you will need to show that since the dangerous condition happened frequently, it was foreseeable.
Generally, if you are injured in a slip and fall in a Walmart, you will need to show that the managers and clerks actually knew about the substance on which you slipped, or they should have known about it but did not fix it. If we represent you, we will send a letter notifying the store not to destroy any surveillance footage or other records of what happened. Through the course of investigation and discovery, we can gather evidence to show that Walmart knew or should have known about the substance or another dangerous condition. This may include witness statements, incident reports, pictures and videos captured by the victim, maintenance records, surveillance footage of the accident, and emergency personnel and paramedic witness statements.
In some cases, Walmart simply offers a settlement. It can be tempting to take the money that is offered, but in most cases, it is a lowball settlement. You may not know how serious your injuries are right away. If your injuries are worse than you initially thought, you cannot come back and get more money. In exchange for the money, Walmart will ask you to sign a settlement agreement that gives up your right to pursue claims for damages in court. It is crucial to consult a Miami Walmart accident attorney about your case immediately after an accident, and usually it is better not to discuss a settlement with Walmart without representation, since any admission that you make may be used to argue that you were negligent.
When a defendant like Walmart raises comparative negligence in response to your lawsuit, the jury will evaluate its actions and your actions as well. It will determine the total damages, and it will also assign a percentage of fault to you and the defendant. Your damages will be reduced by an amount equal to your percentage of fault. For example, if you suffer fractures in a slip and fall, and the damages are $100,000, but you are found 25% at fault and the store is found 75% at fault, you can recover $75,000 from the store.
Damages that you may be able to recover include both economic and noneconomic damages. Economic damages are concrete damages; often, they are documented. They may include medical expenses, lost income, out-of-pocket expenses, and replacement services. Noneconomic damages include intangible losses, such as pain and suffering, mental anguish, loss of enjoyment, and loss of consortium.Consult a Walmart Accident Lawyer in the Miami Area
Walmart is a huge company, and it has substantial resources that it is likely to use to avoid providing you with appropriate compensation for your injuries. If you are injured in a Walmart accident, you should consult the experienced attorneys at our Law Offices of Robert Dixon. We represent people in Miami, Fort Lauderdale, West Palm Beach, and other areas of Miami-Dade, Broward, and Palm Beach Counties. Call us at (877) 499-4878 or complete our online form.