Walmart slip and fall lawsuits seek to hold Wal-Mart responsible for those who are hurt in their store. If you are in a Wal-Mart store and you fall down, your potential recovery comes in the form of a body of tort law known as premises liability law. You must, therefore, understand what that means so you can understand whether you will be able to get compensation for your injuries or not.
Proving Walmart Slip and Fall Lawsuits
Just because you slip and fall down and hurt yourself in a Wal-Mart doesn't automatically make the store liable. After all, what if you were clumsy, careless or running around the store frantically looking for all the bargains- can Wal-Mart really be blamed if you fall down? The answer is, no. Wal-Mart can only be blamed if you slip and fall as a result of their breach of duty to you.
The duty that a premises owner, such as Wal-Mart, owes a visitor, is determined by premises liability law. This body of law establishes three categories:
Duty of Care
Unless you happened to get hurt when you broke into Wal-Mart in the middle of the night to steal some items, you are most probably going to be classified as an invitee. Invitees are people who are invited to a place for the primary benefit of the premises owner. Customers in stores are invitees, while guests to private homes are licensees.
A premises owner owes the highest possible duty of care under the law to invitees. While the specific guidelines and requirements vary by state, generally, when a premises owner has invitees on his premises:
- The owner is required to conduct periodic inspections to make sure the premises is safe
- The owner either has to fix anything dangerous or warn you about it so you won't get hurt
If the premises owner- in this case, Wal-Mart, fails in their duty to make the store safe, and you can prove their breach was the direct cause of your injuries, you may be able to sue and collect damages. Damages may include:
- Medical bills
- Lost wages if you missed work
- Pain and suffering
- Emotional distress
If you have fallen in Wal-Mart, or any other store, you should consult with an attorney who specializes in premises liability as soon as possible. Your lawyer can help you figure out what law will apply to you and what evidence you need to prove the store was liable. He can also help you to collect that evidence and make your case Find out more info about injuries in costco.