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Walmart Slip and Fall Injuries & Settlements

Walmart is a nationwide corporation which generates nearly half a trillion in revenue each year. As of May 1, 2016, Walmart’s presence in Texas included 372 Walmart Supercenters, 22 discount stores, 87 Neighborhood Walmart’s, and 83 Sam’s Club locations. The total number of Walmart associates in Texas is 166,131. Walmart is known for its low, competitive prices and draws customers in by advertising these low prices. Many Texans like to shop at Walmart and unfortunately, because of high traffic, many slip and fall accidents do occur at Texas Walmart stores. The combination of food and household products, which often end up on hard tile floors, can create hazardous conditions.  The failure to properly maintain the premises of a Walmart, can create serious hazards for customers. When hazardous conditions exist at Walmart, its employees often lack the training or motivation to make the conditions safe. Walmart often fails to properly train new and current employees as to proper safety procedures. The average wage for regular, full-time hourly associates in Texas is $13.37 per hour, but the starting wage is a mere $9.00 per hour. The turnover for Walmart hourly employees over any 12 month period of time is over 40%.


Walmart Liability for Accidents

In Texas, the law says that businesses are not responsible for every accident that takes place on their premises, but only some accidents. Walmart is responsible for accidents that take place on its premises when:
  • Walmart employees knew or should have known of a condition that posed an unreasonable risk of harm;
  • Walmart employees failed to take steps to eliminate or warn of the condition; and,
  • Walmart’s failure to use such care caused personal injury.

Dangerous Conditions at Walmart Stores

Walmart stores are full of potential hazards that can cause serious falls and other accidents. Among the most common types of hazards that are responsible for causing serious injuries at Walmart stores are the following:
  • Slippery liquids spilled on the floor
  • Recently mopped or waxed areas without prominent warnings
  • Improperly stacked items falling on customers
  • Small items such as grapes falling on the floor
  • Leaky refrigerator and freezer cases
  • Spraying of produce without adequate mats on the floor
  • Falls caused by misplaced merchandise or pallets in aisles
  • Injuries caused by dangerous conditions in the parking lot, such as cracks or potholes
  • Injuries caused by automatic entrance doors or escalators
  • Slip and falls at front entrances due to rainwater inside the store
It is not reasonable to expect Walmart customers to constantly be on the lookout for these sorts of dangerous conditions, given the manner Walmart stacks store shelves, end caps and isle displays with a dizzying array of merchandise. This tactic is designed to keep the customer looking around and leads to increased sales. It is, however, reasonable to expect Walmart store managers and employees, who have to deal with these conditions on a daily basis, to guard against falls and other accidents by cleaning up messes and posting warning signs.

Walmart is Dedicated to Avoiding Responsibility

When a Walmart visitor is seriously injured due to an unsafe condition on the property of Walmart, the injured person may seek financial compensation, either through pre-suit negotiation with Walmart, or by filing a lawsuit. If you or a loved one has been injured at a Walmart store, you will likely be contacted by an employee of Claims Management, Inc. or “CMI”. CMI is the company Walmart uses to try to minimize the effects of thousands of injury claims filed against Walmart every year. CMI will say anything to get your recorded statement. Never give a recorded statement to CMI, especially if you have not consulted with an attorney. CMI will imply that they have accepted responsibility and that Walmart will pay your medical bills, in order to get your recorded statement. The CMI representative will appear kind, concerned and sympathetic, but imply that Walmart will only pay medical bills if you cooperate and give a recorded statement. Don’t be fooled! CMI and Walmart have designed a claim process that is set up from the start to deny your claim.

Hire an Attorney Experienced in Handling Walmart Injury Claims

After you or a loved one has experienced a slip & fall accident, you’ll want an attorney that has experience handling claims against Walmart. Attorney Aaron A. Herbert is board certified in personal injury law and has represented hundreds of Texans injured due to the negligence of Walmart and its employees. We offer a free consultation and there is no fee or expense unless you recover.  Contact the Texas Walmart accident attorneys at the Law Firm of Aaron A. Herbert today at (214) 200-4878. If you’re in the San Antonio area reach out to our San Antonio Slip and Fall lawyers.