Yes, you can sue Walmart for a slip and fall if the store’s negligence caused your injury. To have a valid claim, you must show that Walmart knew or should have known about the hazardous condition and failed to fix it or warn customers.
If successful, you may be able to recover compensation for medical bills, lost wages, and other damages. Now, facing the aftermath of a slip and fall at a large store like Walmart can be overwhelming, but you don’t have to handle it alone.
Knowing your rights and the legal dynamics surrounding your case is important. That’s why it’s wise to contact a Westbury slip and fall lawyer as soon as possible. Your legal counsel can advise you based on the details of your case and advocate for a favorable outcome.
Understanding Slip and Fall Claims in New York
The answer to the question “Can you sue Walmart for a slip and fall?” depends on whether Walmart breached its duty of care, resulting in your injury. If you can prove negligence under New York premises liability law, you may have grounds to file a lawsuit against Walmart.
However, it is important to note that there are legal time limits—known as the statute of limitations—for filing slip and fall claims in New York. Generally speaking, personal injury claims must be filed within three years from the date of the accident.
Missing this deadline can result in losing your right to seek compensation altogether. Another factor worth considering as well is comparative negligence. New York follows a pure comparative fault rule. Here’s what this means:
- More than one party may be found liable
- Those who are partially responsible can still receive compensation
- Compensation is reduced proportionally based on your degree of fault
Slip and fall cases are a subset of premises liability law. These cases focus on injuries sustained due to hazardous conditions on someone else’s property. New York law requires property owners—including businesses like Walmart—to maintain safe premises for visitors.
This duty involves regularly inspecting the property and addressing any dangerous conditions promptly to prevent accidents. However, not every slip and fall results in a valid claim.
The injured person must prove that the property owner was negligent—that is, that Walmart failed to provide reasonable safety measures or neglected to fix hazards that led to the fall. Simply slipping on the premises is not enough to establish liability.
Duty of Care and Negligence
In New York, property owners owe a duty of care to lawful visitors. This duty means Walmart must take reasonable steps to keep its store safe from dangers like wet floors, debris, uneven flooring, and other obstacles.
If Walmart knew or should have known about the hazard and did not take adequate action to fix it or warn customers, the company may be held responsible for resulting injuries.
Negligence is established when these elements are present:
- Duty of care: Walmart owed a duty to keep the premises safe.
- Breach of duty: Walmart failed to maintain safe conditions or warn of hazards.
- Causation: The breach directly caused the slip and fall accident.
- Damages: The injured party suffered actual harm.
Proving these elements requires showing evidence, which can include photos of the dangerous condition, surveillance footage, eyewitness accounts, and incident reports.
Common Causes of Slip and Fall Accidents at Walmart
Several common hazards in large retail stores like Walmart often lead to slip and fall injuries:
- Wet or slippery floors caused by spilled liquids, recently mopped areas, or leaks
- Uneven flooring, such as torn carpets, loose tiles, or cracked concrete
- Fallen merchandise, shopping carts, or improperly stacked items
- Poor lighting that prevents customers from seeing hazards
- Ice or snow accumulation near entrances during the winter months
Each of these conditions can be grounds for a slip and fall claim if Walmart was negligent in addressing them. Your personal injury lawyer in Westbury can help you understand what caused the incident that resulted in your injuries.
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How to Sue Walmart for a Slip and Fall
Knowing how to sue Walmart for a slip and fall involves understanding the legal process and gathering the necessary evidence to support your claim. First, you must file a claim outlining the facts of your injury and how Walmart’s negligence caused it.
You might be thinking, “What should I do?” but your personal injury lawyers in Westbury will have an answer for you based on their knowledge and experience handling cases just like yours. This typically begins with notifying Walmart of your intent to pursue a claim.
If the matter is not resolved through settlement negotiations, you may proceed to file a formal lawsuit in civil court. Your case will then move through several stages where both sides exchange information and evidence.
Reach Out To Our Personal Injury Law Firm in Westbury Today To Learn If You Can Sue Walmart for a Slip and Fall
If you or a loved one suffered injuries resulting from a slip and fall incident, you don’t have to face the consequences all alone. These incidents can leave you feeling overwhelmed and confused, but you don’t have to manage everything by yourself.
Instead, reach out to the law firm of Levine And Wiss. We have over 100 years of combined experience, and together, our attorneys have recovered hundreds of millions in compensation for thousands of clients. Call us and say, “I slipped and fell at Walmart.”
We’ll help you from there, so don’t wait to contact us for support. The sooner you reach out to our Westbury personal injury law firm, the sooner we can help you hold the responsible parties accountable for what you had to endure. We’re here for you.
