Walmart is the largest retailer in history. In fact, the U.S. retailer is the No. 1 corporation worldwide in the Fortune Global 500 ranking with over $485 billion in total revenue in 2017 alone.
In Florida, Walmart has the second highest number of stores by state (191 stores), surpassed only by Texas (329). Many Florida consumers shop at Walmart on an everyday basis because of the retailer’s convenient locations, wide selection of products, and affordable prices.
Unfortunately, accidents do happen and people get injured at Walmart as well as other retailer stores and grocery stores. They go to stock up on milk and Oreo cookies, and end up slipping on the floor in the dairy department because some other customer accidentally spilled milk on the floor.
“But milk on the floor is not the only hazardous condition that can be found at Walmart, as, for example, a slip and fall accident can occur because of fallen merchandise, uneven surfaces, or even poor lighting,” warns our Miramar personal injury attorney from the Law Offices of Bradley Hartman.
Walmart is not always responsible for you injuries
Although it is possible to hold Walmart liable for your injuries sustained in the retail store in most of the cases, Walmart is not responsible for injuries in 100 percent of all cases.
Even if you were injured on Walmart’s property, there are quite a few things you and your experienced personal injury attorney in Miramar or elsewhere in Florida will have to establish to recover damages:
- The owner or any employee at Walmart knew or should have known about the dangerous condition through proper and regular inspection and maintenance. Your attorney can gain access to surveillance videos and other records to prove that the condition had existed for an unreasonably long time
- If the owner or any employee at Walmart knew or should have known about the hazard, they did not remedy the condition. So, for example, let’s imagine that one of the shoppers told a Walmart worker that someone had spilled milk on the floor in the dairy department, and no action was taken by that employee. If someone gets injured in a slip and fall accident because of the spilled milk, he or she will most likely be able to recover compensation because of Walmart’s omission to act.
However, your personal injury claim after a Walmart accident will most likely be denied if the hazard was obvious or you knew or should have known about the hazard. For example, if there was a warning sign nearby and clearly visible from your angle before the accident occurred, you might not be able to hold Walmart liable.
Filing a personal injury claim against Walmart in Florida
What you should also know about filing a personal injury lawsuit against Walmart is that the U.S. retail store is self-insured. Walmart has its own third-party insurance company known as a Claims Management Inc. (CMI), so any claims filed against Walmart will be handled by CMI.
Needless to say, CMI agents will do whatever it takes to protect the interests of Walmart, so it is highly advised to avoid giving recorded statements to CMI or communicating with the insurance company’s agents in the absence of your Miramar personal injury attorney.
Although most insurance company agents are friendly, do not take that bait. It is not uncommon for insurers to employ dishonest methods to dismiss claims or pay the injured victim as little as possible.
Also, since Florida is the pure comparative negligence state, you may be held partially liable for your accident at Walmart. Meaning: a judge or jury will determine both your and Walmart’s fault, reducing your recovery by the percentage of your own negligence in the accident. Do not let Walmart and its dishonest insurance company blame you for your injuries.
Contact our best personal injury lawyers in Florida at the Law Offices of Bradley Hartman. Get a free consultation by calling at
954-438-1000 or fill out this contact form.