Were you injured while shopping at Walmart? With a San Jose slip and fall lawyer by your side, you might be able to pursue compensation due to the injuries you sustained in your fall.
The sooner you reach out to a San Jose Walmart slip and fall lawyer, the better your chances may be. At Omega Law Group Accident & Injury Attorneys, in everything we do, we make sure we’re putting our clients first. Always!
Our San Jose Walmart slip and fall lawyer have decades of combined experience, and we want to help you pursue compensation as the victim of a slip and fall accident.
Common Causes of Slip and Fall Accidents at Walmart
People often slip and fall after coming in contact with unsafe conditions that could have been prevented with proper care and maintenance. These hazards can pose risks for unsuspecting shoppers.
When you understand the potential causes of these accidents, you and your San Jose personal injury lawyer can determine whether or not negligence played a role in your injury. Let’s take a look at hazards that are frequently at the root of slip and fall incidents.
Spills and Wet Floors
Wet surfaces caused by spilled liquids, water leaks, or recently mopped areas are common causes of slip and fall accidents. This is even worse if there are no warning signs nearby. These hazards create slippery surfaces that can cause customers to lose their footing.
Whether a beverage spills in the drink section or water leaks from a broken pipe, these dangers require prompt attention. Otherwise, accidents are far more likely to occur. Now, if employees fail to clean up spills, the store may be found responsible for the victim’s injuries.
Overall, shoppers have a reasonable expectation of safety, and wet floors without proper warning violate that standard.
Cluttered Aisles
Cluttered aisles—due to items left on the floor or improperly stacked shelves—can lead to serious slip and fall injuries. In busy retail stores like Walmart, products might be misplaced by employees or knocked over by other customers, resulting in obstacles in high-traffic areas.
When staff members fail to monitor aisles or clear them as needed, customers who are trying to move through the space might trip and fall. The injuries that victims might sustain from these incidents can result in costly medical bills, lost wages, or pain and suffering.
Uneven Surfaces
Cracked tiles, torn carpets, and uneven flooring are frequent hazards in retail stores. These conditions can cause customers to trip or lose their balance, resulting in unexpected falls. Uneven surfaces are especially dangerous.
This is true no matter if they are situated in entryways, checkout lines, or store aisles where shoppers are focused on items rather than what’s on the ground. Failure to repair damaged flooring or provide adequate warnings puts shoppers at unnecessary risk.
Poor Lighting
Dim lighting in walkways, parking lots, or restrooms can significantly increase the likelihood of slip and fall accidents. Without proper visibility, customers may not be able to notice spills, clutter, or other issues related to the flooring.
Poor lighting can also affect parking lot safety. This is where cracks, potholes, or ice can easily go unseen. Even so, Walmart has a duty to maintain adequate lighting both inside and outside the store.
If negligence related to the maintenance of lighting structures contributed to your fall, the store could be held liable for your injuries.
Weather Hazards
Rainwater tracked inside or icy parking lot conditions often create hazardous situations at the store. Wet floors near entryways are particularly common during rainy weather.
Negligent Maintenance
Delayed repairs to escalators, elevators, or entryways are another common factor in slip and fall cases. Worn-out equipment or poorly maintained walkways can also create unsafe conditions for customers.
When you retain legal counsel through a San Jose Walmart slip and fall law firm, you can trust your lawyer to assess the full extent of the reason behind your injuries.
Injuries Commonly Sustained in Walmart Slip and Fall Accidents
Did you know even a seemingly minor slip and fall can lead to severe injuries? Some of the more common injuries victims have to deal with include:
- Concussions or traumatic brain injuries (TBIs)
- Fractures in wrists, hips, or legs from attempting to break a fall
- Chronic back pain, herniated discs, and complete or partial paralysis
- Soft tissue damage, like sprains, strains, or torn ligaments
- Cuts, abrasions, and lacerations
Compensation Available for Slip and Fall Victims
Victims of slip and fall accidents might be rightfully entitled to certain forms of compensation, though the type of compensation you’re able to pursue will depend on your injuries. These damages are generally divided into three categories:
- Economic damages
- Non-economic damages
- Punitive damages
Let’s take a closer look at each of these compensation options.
Economic Damages
Economic damages are designed to cover the financial losses caused by a slip and fall accident:
- Medical expenses: Slip and fall accidents often require doctor visits, hospital stays, prescription medications, and rehabilitation services. These expenses can accumulate rapidly and place a heavy burden on the victim.
- Lost wages: When injuries prevent a victim from working, they may be eligible for compensation for the income they lost while recovering.
- Future costs: For victims with long-lasting injuries, ongoing medical care or therapy might be necessary. In turn, future expenses can be factored into your compensation claims.
Non-Economic Damages
Non-economic damages are intended to address the less tangible—though equally impactful—consequences of a slip and fall accident. Here’s what these damages might include:
- Pain and suffering: Victims might endure physical pain and emotional distress after an accident. These damages aim to compensate for the trauma that you experienced.
- Loss of quality of life: Severe injuries may restrict a victim’s ability to perform daily activities or live independently, significantly impacting their overall well-being.
Punitive Damages
In cases where gross negligence or intentional misconduct contributed to the accident, victims may be eligible for punitive damages. These are awarded to punish the responsible party and deter similar behavior in the future.
While less common, punitive damages send a strong message about the importance of maintaining safe conditions.
Statute of Limitations for Slip and Fall Cases in California
Under California law, you’ll likely have two years to file a personal injury claim after slipping and falling in Walmart. Please note that this time frame begins on the date of the accident, so the 24-month countdown starts the same day you fall.
Known as the statute of limitations, missing this deadline could prevent you from recovering compensation altogether because you might lose your right to do so. Thankfully, an experienced San Jose Walmart slip and fall attorney can make sure your case is filed on time.
Contact a San Jose Walmart Slip and Fall Lawyer Today
At Omega Law Group, we don’t think you should have to let a slip and fall accident ruin your life forever. Instead, reach out to our law firm and let our lawyers show you how to pursue compensation and fight for justice in the face of your injuries.
We want to help you. All it takes is calling up as soon as possible and letting us know that you’re interested in discussing your case. The sooner you reach out to us, the sooner we can build a case on your behalf.