There are a number of Walmart stores throughout the Oklahoma City area, which means that if you need to stop in for groceries and virtually anything else you need for your household, it’s likely that you’ll end up there.
Unfortunately, sometimes there’s incidents where you or someone you’re with ends up hurt after slipping and falling. When this happens, Walmart and its various entities should be held accountable. At Ylla Gosney, our Oklahoma City slip and fall accident lawyers can help you do this by filing a claim for damages. Contact us today for a free, no-obligation consultation to learn more.
What Evidence Do You Need in an Oklahoma City Walmart Slip and Fall?
The good news, relatively speaking, is that if you are involved in a slip and fall accident at an Oklahoma City Walmart, there’s going to be a lot of evidence available. This evidence is going to be crucial to any potential legal action you’ll want to take, so it’s important to gather and preserve it. Usually, this will involve things like:
- Visual evidence – At Walmart, there’s likely going to be surveillance footage of the incident. We can help you request this all-important evidence that will show what happened. Also, make sure to take photos and videos of the accident scene and any potential hazards.
- Medical records – If you’re hurt, the best way to show the extent of your injuries is to keep track of medical treatment, care, records, and bills. This will be important evidence when you need to show how the injury you suffered has affected you.
- Damaged clothing or property – Part of the recovery you can make in a claim involves damage to any personal property, like clothing or your phone, etc. Make sure to keep these things and not fix or throw them out.
- Incident reports – Whenever a slip and fall happens at a Walmart, the company has a policy and procedure in place for how they handle it–or how they’re supposed to handle it. Usually, they’ll create an incident report with all the key details of what happened. We can also help you request this from them for your claim.
- Communications – Also make sure to keep any communications you have with Walmart or their insurance company. This can include text messages, emails, phone calls, or voicemails. There will also likely be a paper trail of communications between Walmart and the store itself about more serious incidents that will be available as evidence.
Other Actions
Evidence isn’t the only important part of your potential legal claim. There’s also the actions that you take both preceding and in the aftermath of the incident. Like any other accident, it’s important to quickly address any injuries and your overall safety first. From there, you’ll want to make sure you do the following:
- Keep an eye out for wet or slippery surfaces, especially near sinks, produce bins, and refrigerators.
- Opt for shoes with good traction and avoid high heels or smooth-soled shoes that increase your risk of slipping.
- Hold onto the cart’s handles securely to maintain stability while maneuvering it around the store.
- If you spot any spills or hazards on the floor, inform store personnel immediately so they can clean up the area.
- Pay attention to signs and barriers indicating wet floors or ongoing cleaning activities, and adjust your path accordingly.
- Stay clear of floors that have been recently mopped or cleaned until they are fully dry to minimize your risk of slipping.
- Be careful in areas with heavy foot traffic to prevent tripping or bumping into others.
- Grip handrails on stairs or ramps to maintain balance and avoid falls.
- Help keep shopping aisles clear by avoiding leaving items in the middle of the pathway, which could cause others to trip.
- When shopping with children, make sure they watch their step and stay close to you to prevent accidents.
Despite taking precautions, slip and fall accidents can still happen. Oklahoma law holds property owners or managers responsible for maintaining a safe environment and addressing hazards. However, not all property owners or managers are diligent in fulfilling their duty. When this happens, it opens Walmart up to liability for your injuries.
How Liable is Walmart For a Slip and Fall Accident in Oklahoma City?
When you slip and fall at a Walmart in Oklahoma City, the initial step in the legal process involves pinpointing the party responsible for the occurrence. Typically, Walmart’s store managers and employees bear the responsibility of maintaining a secure and hazard-free environment for their customers.
So, when Walmart or someone employed or contracted to them neglects this duty, they might be deemed liable for any resulting injuries. To establish liability, either you or the injured party must show that Walmart:
- Had knowledge of the potential hazard but failed to rectify it.
- Should have been aware of the hazard but failed to take reasonable steps to address it.
Like most states, Oklahoma follows a “comparative negligence” statute, which incorporates the “50% rule.” According to this rule, if you bear more than 50% of the responsibility for an accident, you are ineligible to pursue a claim for damages.
Pursuing a Claim in a Oklahoma City Slip and Fall Case Against Walmart
In order to get legal compensation for injuries resulting from a slip and fall incident at a Walmart, you have to take steps to file a claim for damages. This involves submitting a claim to the responsible party’s insurance company, either through an insurance claim or a personal injury lawsuit.
Once you decide to move forward with your claim, our team is here to assist you by:
- Gathering essential evidence and documentation.
- Conducting an investigation into the incident.
- Interviewing potential witnesses.
After your claim is filed, negotiations with the insurance company will begin, and they may offer a settlement. If the offered amount doesn’t meet your needs, you have the option to file a lawsuit against Walmart.
In Oklahoma, a civil lawsuit for a slip and fall accident must be filed within the state’s statute of limitations, which has a two-year window from the date of the accident. Still, with that met, you can eventually recover:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Punitive damages, in specific cases
Each slip and fall case is unique, and the outcome depends on the specific circumstances of your accident. Above all, patience is crucial throughout the claims process, which can be time-consuming and challenging. Nevertheless, our team of Oklahoma City slip and fall accident lawyers will work tirelessly to show the strength of your claim and maximize your chances of receiving the compensation you rightfully deserve.
Reliable Oklahoma City Lawyers for Slip-and-Fall Accidents at Walmart
Being injured at a Walmart can lead to lasting physical, emotional, and mental distress for you and your family. That’s why it’s crucial to have the support of dependable Oklahoma City lawyers with experience in slip-and-fall accidents that can assist you in pursuing your legal options.
At Ylla Gosney, we stand by the side of Oklahoma City residents who have suffered harm. Our aim is to make sure you receive fair compensation for your medical expenses, future healthcare needs, and the pain and suffering resulting from a slip-and-fall incident at Walmart. We’re here to help. Contact us today for a free consultation to get started.
