Accidents can happen anywhere, even in the most unexpected places like your local Walmart. Slip and fall incidents are not uncommon in retail stores, and they can result in injuries that range from minor bruises to severe fractures. If you have recently experienced a slip and fall in a Walmart store in Texas, it is essential to understand your legal options. David Sanchez Law Group, PLLC can help you if you have been injured in a slip and fall. Join us as we explore the steps you should take and the legal remedies available to you in such a situation.
Immediate Actions You Should Take
The moments immediately following a slip and fall incident are crucial. Here is what you should do:
Get treated: If you are injured, seek immediate medical attention. It is always advisable to consult a healthcare professional as some injuries may not manifest symptoms immediately.
Report the incident: Report the incident to store management. Documenting the event and informing the store of any hazardous conditions that caused your fall is imperative.
Gather evidence: If you can, take photos of the scene and your injuries. You should also collect the contact information of any witnesses who may have seen what happened.
Is Walmart Liable for Your Injuries?
In Texas, as in many other states, Walmart and other retail stores have a duty to maintain a safe environment for their customers. They are expected to take reasonable steps to prevent accidents. If they fail in this duty, they can be held liable for injuries sustained on their premises. However, you will need to prove the following to establish liability:
Negligence: You must demonstrate that Walmart was negligent in maintaining a safe environment. This could be failing to clean up spills promptly or not repairing broken walkways.
Causation: You will also need to establish a direct link between Walmart’s negligence and your injuries. Show that the unsafe condition directly led to your fall and subsequent injuries.
Notice: It is vital to determine whether Walmart knew or should have known about the hazardous condition. If they had prior knowledge of the issue and failed to address it, this strengthens your case.
So, What are Your Legal Options?
When you have been injured in a Walmart slip and fall incident, you have several legal options at your disposal. Here is a breakdown of each;
Filing an insurance claim: Walmart typically has liability insurance that can cover your injuries. You can file a claim with their insurance company to seek compensation for all the damages you have suffered due to the incident.
Negotiating a settlement: Sometimes, the store’s insurance company may offer you a settlement. While this sounds good, you must be cautious when negotiating with insurance companies. Consider seeking legal counsel before accepting any offers.
Lawsuit: If negotiations or insurance claims do not yield a fair outcome, you can file a lawsuit against Walmart. This is typically a last resort, but it can be necessary to ensure you receive just compensation for your injuries.
Statute of Limitations for Such Injuries
It is crucial to be aware of the statute of limitations for personal injury cases in Texas. In most cases, you have two years from the date of your slip and fall to file a lawsuit. If you don’t meet this deadline, your case might be dismissed, and you may lose your right to seek compensation.
Why You Need Legal Representation
Handling the legal aspects of a slip-and-fall case against a retail giant like Walmart can be challenging. Therefore, you will need expert legal representation to level the playing field. Here is why this is crucial:
Legal expertise: An experienced personal injury attorney understands the laws and regulations governing slip and fall cases in Texas. They can build a strong case on your behalf.
Negotiations with insurance companies: Unfortunately, insurance companies always try to reduce payouts. Our legal team at David Sanchez Law Group, PLLC, can negotiate with them to ensure you receive a favorable settlement.
Gathering crucial evidence: Attorneys can help collect and preserve essential evidence. This can be security camera footage and maintenance records that may strengthen your case.
Court representation: If your case goes to trial, having an attorney with courtroom experience can be invaluable in presenting your case effectively.
Get the Help You Need Today
Slipping and falling in a Walmart store can lead to injuries, medical bills, and lost wages. If you believe Walmart was negligent in maintaining a safe environment, you have legal options to seek compensation. At David Sanchez Law Group, PLLC, we pride ourselves on helping slip and fall accident victims get fair compensation. Our experienced personal injury attorneys are ready to guide you through the process and ensure you receive fair compensation for your injuries. Call us to get help today.
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