Walmart and Target are two of the biggest retailers in the country. In New York alone, there are 111 Walmart stores and 90 Target stores. While shopping at these massive stores is convenient, there is always the risk of overspending…and getting hurt in a slip-and-fall.
Slips and falls can happen inside or outside of Target and Walmart for any number of reasons, such as spills on the floor, icy parking lots, or obstructions in aisles. If you are hurt in a slip-and-fall at Walmart or Target, you might believe that your only option is to just file an incident report and perhaps take a settlement check from the company. Our Long Island personal injury attorneys can help you pursue a premises liability claim and get the compensation that you deserve for your injuries.
At The Odierno Law Firm Accident and Injury Lawyers, we are proud to represent accident victims throughout Suffolk and Nassau Counties in New York. We work hard to get our clients top dollar for their losses and never charge a fee unless we recover money for you. To learn more or to set up a free initial consultation with a Long Island slip and fall lawyer, contact our law offices today.
What Should You Do If You’re Hurt in a Fall at Walmart or Target?
Walmart and Target stores tend to be pretty big. It isn’t surprising, then, that slips and falls are somewhat common there. A customer may spill a drink that they got at the in-store Starbucks or McDonald’s, someone may leave a box in the aisle, or perhaps there is some other tripping hazard in the walkway.
If you are hurt in a fall at a Target or Walmart, there are a few immediate steps that you can take to protect yourself. The first thing that you should do is seek medical attention. Even if you don’t think that you suffered a serious injury, it is still a good idea to get checked out by a doctor.
There are two big reasons for this. First, many injuries aren’t immediately apparent and may actually be masked by shock. Going to the doctor means that you can get properly diagnosed and start on a course of treatment.
Second, getting medical care will establish a link between the fall and your injuries. When an accident victim waits too long to go to the doctor, insurance companies may try to argue that their injuries are from something else entirely (or otherwise can’t be conclusively linked to the fall). You can increase the likelihood of getting a full recovery by going to the hospital, urgent care, or your doctor’s office shortly after the fall.
Next, you should file an accident report. Target and Walmart both have standard forms that they use for reporting these types of incidents. The report should ask for details like the time of the accident, where it happened (department and aisle number), and any other details. Keep in mind that both Target and Walmart have pretty extensive video security systems, so the accident will also be on video.
If you can, you should also use your phone to take photos and videos of the accident scene and your injuries. For example, if there was a pallet on the floor that caused your fall, snap a photo of it. You may even want to pan around to note other things, like a lack of a hazard sign for a wet floor or the presence of a video camera above the accident. These cameras may also reveal important information, such as that the hazard existed for a while and employees walked past it without doing anything about it.
If there were any witnesses to the fall, you should try to get their names and contact information. They may be able to offer insight into what happened, such that they noticed the spill and reported it to an employee 15 minutes before you fell.
When you get home, you should also take notes about the accident and write down any details that you may remember. You can also keep a diary of how you feel day-to-day. Pain and suffering and emotional distress can be important parts of your compensation in a personal injury claim.
Finally, when you are ready, reach out to a Long Island slip and fall attorney to schedule a free consultation. Seeing a lawyer is the best way to understand your legal rights and options when it comes to filing a claim against Walmart and/or Target. New York has a 3-year statute of limitations for personal injury claims, so you don’t want to wait too long.
Can You File a Lawsuit Against Walmart or Target for a Fall?
Depending on the facts of your case, you might be able to file a premises liability lawsuit against Target or Walmart if you fell in a store and got hurt. Premises liability claims are a type of personal injury lawsuit. Essentially, property owners in New York have a duty to maintain their premises in a reasonably safe condition to avoid harm to people who come onto the property.
To win a premises liability claim, you will need to prove the following:
- You were legally at Target or Walmart (i.e., you were not trespassing);
- The store knew or should have known about a dangerous condition on the premises;
- The store did not fix the hazard or warn about it; and
- You were injured as a result.
Most people who are hurt in a slip and fall at Target or Walmart are considered “invitees” because they are there to do business (by shopping). Property owners owe invitees the highest level of care. This means that stores like Target and Walmart have to regularly inspect their premises to discover any potential hazards. If they find a hazard, they have to fix it or warn customers about it.
Sometimes, employees are hurt in falls at Target or Walmart. In New York, work-related injuries are usually handled through the workers’ compensation system. Workers’ compensation is an exclusive remedy, which means that you cannot typically file a lawsuit against Target or Walmart if you are an employee who tripped and fell at work.
There are some limited exceptions to this rule. It may also be possible to file a personal injury lawsuit against a third party who caused your fall. Our Long Island workplace injury lawyers can advise you of your rights and options for pursuing a claim.
In a lawsuit, you may be able to recover financial compensation for all of your losses. This may include money for:
- Pain and suffering
- Property damage
- Lost wages
- Emotional distress
- Reduced earning capacity
- Medical bills
- Scarring
- Disfigurement
- Loss of enjoyment of life
Fall injuries can be pretty severe, such as broken bones or even a traumatic brain injury. Our goal as Long Island slip-and-fall attorneys is to make sure that you get maximum compensation for your injuries.
Do You Need a Lawyer for a Slip and Fall Case?
After a fall at Walmart or Target, the company might contact you through its insurance company. The adjuster might ask you to give a statement, sign some paperwork, or even offer you a settlement. You should not sign anything or talk to the adjuster until you have had a chance to talk to a lawyer.
Big corporations and their insurance companies are in business to make money. When they reach out to you, it isn’t as a friend who wants the best for you. Instead, they’re looking out for their bottom line. Target and Walmart want to resolve your claim for as little money as possible.
When you sign a settlement agreement, there will be a clause that effectively gives up your right to sue for the accident. This means that once you accept a settlement check, you won’t get any more money out of Target or Walmart. Even if you discover that your injuries were far more serious than you originally thought, you won’t be able to pursue a legal claim if you signed a settlement.
The best way to get maximum compensation for your injuries is by working with a seasoned Long Island slip and fall lawyer. Remember: these big corporations have their own attorneys and other professionals who are all working against your interests. It is only fair that you have legal representation to protect your interests.
Hurt in a Fall at Target or Walmart? Reach Out for Help.
Whether you tripped and fell at Walmart or at Target, you may be entitled to money for any losses that you experienced. Our law firm is adept at taking on big companies and insurers to help our clients get maximum compensation. We will handle all communications on your behalf and advocate for your interests through each step of the process.
At The Odierno Law Firm Accident and Injury Lawyers, we work hard to help our clients get the money that they deserve for their injuries. We offer free initial consultations and never charge a fee unless we recover money for you. If you have been hurt in a fall at Walmart or Target, we can help you get a fair settlement. To learn more or to schedule a free initial consultation with a Long Island slip and fall attorney, give our law firm a call at 631-973-6221 or fill out our online contact form.
Related:
Shopping Mall Slip and Fall Injuries in Long Island – Pursuing Liability Claims
Slip and Fall Accidents in Long Island Restaurants – Your Rights & Legal Options
Slip and Fall Injuries at Grocery Stores in Long Island – Legal Claims & Compensation