Slipping and falling anywhere in Tulsa can result in injuries and other damages that you’ll have to deal with, but there are certain places where this is more likely to happen. One of the most common places that this type of incident happens is in grocery stores or shopping centers like Walmart.
At Ylla Gosney, we understand the difficulties that can come up from experiencing an injury in a slip-and-fall accident. Frequently, these mishaps occur due to the oversight of a business or property owner.
When this happens at Walmart or anywhere else in Tulsa, we’ll be there to help you through the recovery process. Our team of Tulsa slip-and-fall accident lawyers will evaluate your case and then help you navigate the legal process to get the benefits and support you deserve. Contact us today to set up a free consultation.
Is Walmart Liable in a Tulsa Slip and Fall Accident?
Like any other business or property in Tulsa, Walmart has an overriding duty to its customers to keep them safe while they are on the premises. This extends to parking lots and other areas around the store, but is most in play once you’re inside Walmart’s doors. Unfortunately, a typical Walmart has many things that can lead to a slip and fall accident, including:
- Wet floors
- Uneven surfaces
- Poor lighting
- Obstructed walkways
- Damaged floor mats and rugs
- Spilled products
- Negligent staff
- Defective shopping carts
In terms of liability, Walmart is usually responsible when one of these conditions leads to the accident. With that said, there’s a number of other legal considerations in these situations:
- Why you’re there
- Walmart’s condition.
- Walmart’s awareness of potential hazards.
For instance, if you trespass on a property, Walmart has a much lower obligation to protect you from hazards. On the other hand, when you’re shopping at a Tulsa Walmart and slip on a wet floor that they knew about but didn’t address, Walmart will likely be liable for your injuries.
Furthermore, there are various potentially liable parties in a slip-and-fall incident on a Walmart, including:
- Walmart employees – If Walmart employees are aware of a hazard and fail to take action to remedy it or warn customers, they may share liability.
- Third parties – If a third-party contractor or cleaning service is responsible for floor maintenance and fails to perform their duties adequately, they could be liable.
- Product manufacturers – If a defective product or merchandise causes the slip and fall, the manufacturer or distributor of that product may be liable.
- Security companies – If a lack of security or surveillance contributes to the incident, the security company responsible for the store may share liability.
Determining every responsible party in a Tulsa slip and fall case is very important to your overall recovery, since you’ll be able to file claims against every one of them, Walmart included. In order to do that successfully, though, it’s important to work with our experienced team.
How Can Our Team Help You After a Tulsa Walmart Slip and Fall?
If you’ve suffered a slip and fall at a Tulsa Walmart and want to hold those responsible accountable, the most practical approach is to file an injury claim. Generally speaking, this involves formally submitting a claim to the responsible party’s insurance company, and you have two options for doing so:
- File a claim through Walmart and any other liable party’s insurance policy.
- If necessary, pursue a lawsuit.
Our experienced Tulsa slip-and-fall accident lawyers are prepared to help you in both of these paths. We provide support by:
- Collecting and reviewing evidence.
- Conducting a thorough investigation of the incident.
- Interviewing potential witnesses.
- After filing your claim, we engage in negotiations with the insurance company, which will also conduct an investigation.
They will likely present a settlement offer for your consideration. If you choose to decline it, the next step is filing a lawsuit against Walmart itself.
Both avenues offer the opportunity to seek damages from Walmart. While each case is unique, typical damages include:
- Medical expenses – Coverage for hospitalization, surgeries, doctor’s visits, medication, and therapy related to your slip-and-fall injuries.
- Lost wages – Financial support for income you’ve lost due to your injuries, including potential future lost earning capacity if your injuries are long-term.
- Pain and suffering – Damages for the physical and emotional distress resulting from the slip-and-fall accident, varying based on injury severity.
- Property damage – Reimbursement for damaged personal property, such as smartphones or other belongings.
- Punitive damages – In rare cases involving particularly reckless or intentional conduct, punitive damages may be awarded to punish the wrongdoer.
- Legal fees – If you work with our team, a portion of your legal fees may be recoverable if your case is successful.
Even at a Walmart, each slip-and-fall case is unique, and the results are influenced by the particulars of the incident and the strength of your case. The claims process can be complex, but with our experienced Tulsa slip and fall lawyers by your side, you can build a strong case and seek the compensation you need to recover. That said, evidence will be all important, so you need to know what to do.
Evidence in a Tulsa Walmart Slip and Fall Claim
When it gets down to it, a slip and fall accident in a Walmart is going to involve negotiations and legal action against a huge corporation and their vast resources. As such, your claim is going to have to be as strong as possible. To make sure this is taken care of, you’re going to need to protect your claim. And to do that, the actions you take immediately after the incident will be very important. Here’s what you should do:
- Seek medical care promptly – Immediate medical attention is crucial. Hidden injuries or delayed symptoms can occur. Keep records of medical visits, bills, and receipts.
- Report the incident – Notify Walmart’s management or an employee as soon as possible. Obtain or create an incident report detailing what happened, where it occurred, and the conditions leading to the accident.
- Document the scene – Take photos or videos of the accident location and any hazardous conditions. Note the date, time, and collect witness contact information.
In terms of evidence, it’s going to depend on the circumstances. With that said, there’s usually a wealth available that you’ll need to preserve for your case. Generally, this includes things like:
- Surveillance footage – Many stores, including Walmart, have security cameras that capture incidents on their premises. Surveillance footage can be valuable evidence to show the conditions at the time of the accident and how it occurred.
- Incident reports – Walmart employees may have filed incident reports detailing the accident. These reports can provide information about what happened, the conditions that led to the slip and fall, and any immediate actions taken.
- Witness statements – Statements from individuals who witnessed the accident can be crucial. They can provide their account of the incident and corroborate your version of events.
- Medical records – Your medical records, including documentation of injuries, treatments, and related expenses, are essential to prove the extent of your injuries and the medical care you received.
- Maintenance and inspection records – Walmart’s records of maintenance and inspections can be used to demonstrate whether the property owner was aware of and addressed potential hazards.
- Store policies and procedures – Information on store policies for cleaning, maintenance, and safety procedures can be relevant in showing whether Walmart acted responsibly.
- Footwear and clothing – Preserving the shoes or clothing you were wearing at the time of the accident can be valuable as evidence to show the circumstances of the fall.
- Communication records – Correspondence with Walmart, such as emails or letters, can be relevant if they acknowledged or responded to the incident.
Collecting and preserving this evidence is crucial to building a strong slip and fall claim. This is another area where our team can help you, and we can make sure we present this evidence in a way that cements your claim.
Turn to Ylla Gosney After a Tulsa Walmart Slip and Fall Accident
When you or a loved one are injured in a slip and fall accident at a Tulsa Walmart, you can turn to our experienced legal team at Ylla Gonsey. We have years of experience in handling claims against Walmart and other businesses, and will guide you through the legal process to present your case for damages. To get started, contact us today for a free consultation.