If you were injured while at a Walmart store, you might wonder if you have any legal recourse, and, if you do, is it even possible to win a case? After all, Walmart is the single largest company in the U.S, with over 2 million employees worldwide, valued at $399.11 billion as of July 2021.
It is no surprise that this behemoth of a company has legal defense resources to match, and a general reputation for stinginess toward both its employees and the people who get hurt in the course of its business operations. It covers its liability with a combination of self-insurance and third-party insurance, both of which present challenges to those seeking compensation for their injuries and losses.
Self-insurance essentially means that a company promises to pay what it owes others out of pocket. This type of arrangement provides the self-insuring company with strong motivation to keep payouts as small and infrequent as possible.
On the other hand, dedicated insurance companies are always motivated to minimize payouts as well, and third-party Walmart insurers have proven themselves no less ruthless than the norm. In 2017, two Walmart insurers even sued Walmart itself to try to avoid reimbursing the company for a settlement it had paid.
Walmart’s staggering size makes it an intimidating legal opponent for any injured individual or grieving family, but if you have the right lawyer to sue Walmart, it is possible to get the compensation you deserve.
If at any time you’d prefer to discuss your case directly with a Georgia lawyer who’s qualified and willing to take on Walmart, reach out by phone or chat.
Why Choose Us?
The Stoddard Firm’s Walmart Injury Lawyer Can Make a Difference
Nobody expects their visit to a neighborhood Walmart to result in financially and emotionally costly injuries. But, it often does. And, the incidents are not as uncommon as one might think. In fact every year people are injured in Walmart stores. In many cases, these accidents could have been avoided had Walmart and its employees upheld the safety standards required by law.
If you were injured in a Walmart or from one of the store’s products, you may be eligible for compensation. Our team is well-versed in this area and has the experience, approach, and dedication necessary to help you prove negligence and maximize your settlement.
Without a doubt, we are the right firm for the job. As a client of The Stoddard Firm, you can expect us to leverage the following on your behalf.
Specific Experience: Premises liability cases are an area of specialization for our firm. In fact, before founding The Stoddard Firm, Matt Stoddard worked protecting corporate interests. This experience provides him with a unique perspective that he now brings to his individual clients. In short, he knows what to expect and how to respond to corporate insurance companies. We are well-versed in Georgia premises liability laws, and we are committed to representing those who have been injured.
Client-Focused Service Approach: We know and appreciate that your Walmart accident, the resulting injuries, and the impact on your life are specific to you. No two premises liability cases are the same. This understanding is the basis on which our approach has been developed. Taking the time to understand the intricacies of your experience and identifying the little things that make a big difference sets us apart from others in the industry. Managing the legal process on your behalf, answering your questions, addressing your concerns, and maximizing your settlement are our primary goals. We know you have been through a difficult experience; our kind and responsive communications are designed to make the legal process as easy as possible for you.
Dedicated to Successful Outcomes: When you engage our team, we adopt your goals as our own. We strongly believe that when a Walmart store doesn’t operate safely, the company should be held responsible, and we devote all of the resources of our firm to this end. As a customer, you should not face financial and emotional losses for accidents to which their negligence contributed.
Do you think Walmart was responsible for your injury? If so, contact us today to schedule a free consultation.
What Our Walmart Injury Attorney Will Do For You
We Know How to Sue Walmart and Will Handle the Process for You
Walmart is a big corporation — one of the largest in the United States. The idea of filing a premises liability lawsuit against them can be intimidating. After all, the resources they have seem endless. This is where we come in. We know Georgia premises liability law, and we know how to manage cases against large corporate entities.
When you engage us, we will handle the entirety of the legal process; you can be sure that all the bases will be covered and that we will fight tirelessly to prove their negligence and maximize your award. Our team will:
Thoroughly investigate your accident, including conducting a review of all accident and medical reports and any security film or photos. We also will interview all witnesses.
Accurately complete and file all legal forms in the appropriate courts, paying special attention to the statute of limitations.
Carefully quantify and prove your total damages, including engaging expert witnesses when necessary.
Skilfully negotiate with Walmart and its insurance representatives to maximize your settlement.
Aggressively litigate your case in court should we not be able to reach a settlement appropriate for your losses.
We know what it takes to reach a successful outcome and will commit the full resources of our firm to help achieve one. You do not have the knowledge or time necessary to successfully represent yourself in a premises liability case. The law is complicated, the paperwork considerable and involved, and the process time consuming. As your premises liability attorney, we will handle it all.
Injuries at Walmart Occur Frequently
How to Sue If You Were Accidentally Injured While Shopping at Walmart
Walmart slip-and-fall accidents, falling merchandise accidents, and other simple accidents caused by unsafe premises are some of the most common reasons shoppers will suffer an injury at a Walmart and decide to sue.
There are plenty of occasions when businesses like Walmart create hazardous conditions, or fail to address known hazards in a timely manner, leading to shoppers’ sustaining serious, avoidable injuries. A classic example would be a spill on the floor that an employee knew about but did not mark with warning signs. When this kind of thing happens in a Walmart, the company is responsible for the damage.
Dangerous conditions at Walmart are a particular issue around Black Friday. According to a data survey performed by the business magazine The Hustle, Walmart stores were the site of 70% of all reported Black Friday injuries spanning 2006-2018, as well as 3 out of 11 deaths.
Advertisements, news stories, and word of mouth about wild Black Friday sales full of messy and jam-packed aisles are good for business, because they encourage the perception that these sales are extremely desirable. In reality, however, repeated Black Friday accidents and altercations indicate a failure to maintain a safe shopping environment.
If you’ve been injured in a slip-and-fall accident in a Walmart or any other kind of avoidable accident on the premises, you’ll need to prove three things in order to win your personal injury lawsuit against Walmart. These include:
That Walmart had a duty to protect you. This one is automatic, as long as you were in a public area of the store, following all applicable laws and rules. Shoppers are legally considered guests of the business, which means the business has a duty to take reasonable measures to keep them safe.
That Walmart failed in that duty. If there was a clear hazard that the employees knew or should have known about, that fulfills this requirement.
That you suffered an injury as a result. To prove this, it’s best to get a medical exam as soon as possible after the accident to document the nature and timeline of your injuries.
The same basic requirements also apply to wrongful death cases, if you are planning to sue for the loss of a loved one. Either way, if these three conditions fit your situation, you likely have a valid case.
How to Sue If You Were Violently Injured While Shopping at Walmart
As hinted at in the mentions of Black Friday above, not all Walmart injuries are accidental. This is true year-round as well.
Walmart has long been notorious for its stores’ high localized crime rates, often much higher than the crime rates of their surrounding neighborhoods. As of 2016, violent crimes were occurring in Walmart locations at a rate of about one per day across the country, and the problem certainly hasn’t disappeared. As recently as July of 2021, a fight broke out in a Walmart in Mississippi over a self-checkout that failed to dispense 22 cents in change. The conflict escalated to a shooting, injuring a woman in the parking lot and then two police officers.
Not all Walmart injuries are physical, either. In October of 2020, here in Georgia, a woman reported that a man had exposed himself to her and the three small children she was shopping with. While no one was physically hurt, sexual misconduct can cause very real psychological harm to its victims, especially to children.
If you were the victim of a crime at a Walmart location, and you want to sue Walmart, you will need to prove the same three things you would if you were suing for an accidental injury:
Walmart had a duty.
Walmart failed in that duty.
You were injured (physically or psychologically) as a result.
Proving that Walmart failed in its duty is a bit trickier in these kinds of cases than it would be with a simple slip and fall. As a default, businesses are not responsible for the criminal actions of third parties.
However, if a business has specific reason to believe that a certain kind of criminal violence is a likely threat to its guests, then that business becomes responsible for providing protection.
For example, the man accused of exposing himself to the woman and children is also suspected to be a repeat offender, based on previous security footage from the same Decatur Walmart location. If Walmart was aware of his past behavior in the store and took no steps to protect other customers from him, the company might be liable for the psychological harm he caused this family.
If the type of criminal activity that injured you or your loved one has been known to happen before at the Walmart you were shopping in, or in the close surrounding area, you have grounds to sue Walmart for providing inadequate security.
How to Sue If You Were Injured While Working for Walmart
Walmart employees are far from immune to accidents and crime connected with the company. In fact, one data survey spanning 2015-2016 found Walmart had reported the second-highest number of severe employee injuries out of all U.S employers.
More recent data shows a rate of 2.5 serious injuries for every 100 U.S-based Walmart employees in the year 2020. Though Walmart doesn’t have the worst safety record out of its competitors, that’s still a lot of serious injuries, when you consider that there are about 1.6 million U.S-based Walmart employees in total.
These numbers include not only in-store employees but also those in other positions within the company, such as driving and distribution center work, which carry their own dangers. One study of a single distribution center in Virginia with 685 employees found 34 OSHA-recordable injuries in a one-year period (mostly within the calendar year of 2016). Twenty-eight of those injuries were to employees with less than one year of experience, suggesting that a lack of early safety training may be a contributing factor.
Although businesses like Walmart do have a legal responsibility to keep their employees safe, as well as their guests, the process of claiming compensation is a bit different for employees.
Under workers’ comp law, employees usually cannot sue their employers if they have the option of covering their medical expenses through workers’ comp. However, Walmart has been repeatedly accused of denying employees the workers’ comp benefits they’re entitled to, or retaliating against those who use them.
If this has happened to you, you can sue Walmart for your injuries, and will likely be able to collect better compensation that you would have through workers’ comp. You can also sue if a family member was killed on the job at Walmart and you were denied workers’ comp death benefits.
How to Sue If You Were Injured by a Defective Walmart Product
If, rather than suffering an injury on Walmart premises, you bought a defective product from Walmart, you may be able to sue Walmart on the grounds of product liability.
As with premises liability and on-the-job injury suits, you will need to prove that you were injured as a result of Walmart’s negligence. Simply buying a product that doesn’t work isn’t enough. You’ll need to show that you were using the product as directed, without modifying it, and that you or your loved one was injured because something about its design or construction made it unreasonably dangerous.
Suing a retailer like Walmart for product liability in Georgia can be tricky, because Georgia law emphasizes the responsibility of the manufacturer much more than the seller. However, if Walmart already knew that a product was dangerous and continued to sell it, they might share liability.
For example, Fisher Price just issued a recall for yet another of its inclined baby soothers, which was being sold through Walmart, among other retailers. These types of devices have been linked with child suffocations for over a decade now, yet Fisher Price keeps reintroducing them with small modifications. It could be argued that retailers like Walmart, as well as Fisher Price itself, should know better by now.
There’s no need to choose just one defendant when you have a valid product liability case; you can sue Walmart and the manufacturer simultaneously, and possibly other entities within the distribution chain as well.
Frequently Asked Questions on Suing Walmart for Injury
The Stoddard Firm Walmart Injury Attorney Responds to the Most Common Concerns
Obtaining damages from a major corporation like Walmart seems like a big task, one that requires many steps and a great deal of knowledge — and it is. While our firm will manage the entire legal process for you, we recognize the importance of your understanding what is happening. Below we have shared some of the questions our clients ask most frequently, along with our answers to them.
How do I know if I have a viable case against Walmart?
Obtaining a settlement for a premises liability case requires you to prove that Walmart’s negligence resulted in an accident that caused you to be injured on their property. Our Walmart accident lawyer will review your experience and confirm whether you have a viable case.
How long do I have to file my Walmart lawsuit?
In Georgia, you have 2 years from the date of your accident to file suit for a premises liability case. Time is clearly a commodity; you should contact a lawyer for suing Walmart as quickly as possible.
I suffered from severe injuries related to my accident. Can I recover medical expenses?
If Walmart is found to be negligent, there are a host of damages to which you may be entitled, including your medical expenses. Others may include lost wages, pain and suffering and emotional trauma. If Walmart is found to be guilty of extreme negligence, the court may also assess punitive damages, but these are rare. Our Walmart injury attorney can help you identify all applicable damages.
My child was injured by a toy we purchased at Walmart. Are they responsible?
The short answer is perhaps. Product liability claims against a retailer can be challenging. However, in some cases, like if the product was recalled and they continued to stock and sell it, they could be held partially liable. Our product liability attorney can review the accident and let you know if suing Walmart for injury is possible.
We recognize that you may have many more questions. Please contact us at 470-467-2200 and schedule a free consultation. During this meeting we can review your circumstances and provide more specific information.
The Stoddard Firm Can Help with Suing Walmart for Injury
What to Do If You May Need to File a Walmart Lawsuit
If you or a family member was injured on Walmart premises, while working for Walmart, or by a defective Walmart product, your top priorities should be safety, health, evidence preservation, and protecting your legal rights, in that order. To the best of your abilities, right after an incident occurs, follow these steps:
Get yourself or the victim to a safe place, if applicable. Your well-being must always be your priority.
Arrange medical care. Never skip this step when there are physical injuries, even if they seem minor at first. A prompt medical exam is essential to both your health and your case.
Gather evidence. Follow this step only if you feel safe and well enough to stay where you are for a few minutes. Take pictures of the hazards, products, or environments involved in the incident, and exchange contact information with witnesses.
Report the incident to Walmart. Do not discuss fault, enter into a dialogue, accept a quick payment, or sign anything. In cases of criminal violence, also make a statement to the police.
Contact a lawyer who handles cases against Walmart. The sooner you do this, the easier it will be to preserve harder-to-get evidence, like surveillance footage. Once you are working with a lawyer to sue Walmart, redirect all Walmart communications to your lawyer.
These steps are important to understand and to take as they help to protect you, your family and your future.
Contact Us Today
The Stoddard Firm has experience in premises liability, negligent security, product liability, employment law, personal injury, and wrongful death, and we’re passionate about holding big companies like Walmart accountable.
To speak with a Georgia lawyer about your claim against Walmart today, contact us at 470-467-2200 or reach out through our online chat function.
We are committed to providing you quality legal services and addressing all of your concerns as quickly as possible.
Attorney Matt Stoddard
Matt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]
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