One moment you’re shopping, and the next you’re injured, embarrassed, and unsure what steps to take. Slip-and-fall accidents can be more than minor mishaps; they can cause lasting injuries, unexpected medical bills, and time away from work.
Knowing what to do immediately after the fall can make a major difference in both your health and your ability to pursue a claim. Here’s what you need to know if you find yourself in this situation.
How Slip-and-Fall Accidents Happen at Walmart
Slip-and-fall accidents in large stores like Walmart are often the result of unsafe conditions. Common causes include:
- Spilled liquids that aren’t cleaned up quickly.
- Leaking refrigeration units or tracked-in rain and snow.
- Loose floor mats or cluttered aisles that create tripping hazards.
- Poor lighting in certain areas of the store.
- Uneven flooring or damaged tiles.
Under South Carolina’s premises liability laws, businesses like Walmart must maintain their stores in a reasonably safe condition. If store employees fail to clean, inspect, or warn about hazards, Walmart could be responsible for injuries that result.
What Types of Injuries Can Result From a Walmart Slip and Fall?
While some falls cause only minor bruises, many lead to serious injuries. Slip-and-fall accidents at Walmart commonly result in:
- Broken bones, especially wrists, hips, and ankles.
- Head injuries, including concussions or traumatic brain injuries.
- Back and spinal cord injuries can have long-term consequences.
- Knee or shoulder injuries from awkward landings.
- Soft tissue damage, such as sprains, strains, and torn ligaments.
According to the Centers for Disease Control and Prevention (CDC), falls are one of the leading causes of nonfatal injuries in the United States, sending millions of people to emergency rooms every year.
Who Is Liable If You Get Hurt at Walmart in South Carolina?
In South Carolina, liability in a Walmart slip-and-fall case generally depends on premises liability law. To hold Walmart accountable, you must show:
- A dangerous condition existed on the property.
- Walmart employees knew or should have known about the hazard.
- Walmart failed to correct or warn about the danger on time.
- The hazard directly caused your injury.
For example, if a spill sat unattended for hours, Walmart may be liable. But if another customer spilled a drink seconds before you slipped, Walmart might not have had a reasonable chance to clean it up.
Reporting a Slip and Fall Accident to Walmart
Walmart requires employees to document accidents that occur in their stores. After your fall:
- Do NOT try to get right up and brush it off, even if you are embarrassed.
- Give yourself a minute or more to gather yourself.
- If you know what caused your slip or trip and fall, try to take pictures of it with your phone or, if someone is shopping with you, have them take photographs.
- These photographs might be essential evidence to prove your claim, because Walmart will clean up the mess that caused your slip and fall, and might repair the thing that tripped you before it can be inspected.
- Notify the nearest employee and ask for a manager.
- Request that they fill out an incident report and confirm that your statement is included.
- Avoid signing anything without reading it carefully, especially if it seems like it limits Walmart’s liability.
- If possible, ask for a copy of the report before leaving the store.
This report will be important evidence if you decide to file a claim.
Filing a Claim Against Walmart
When you file a slip-and-fall claim, it will typically be handled by Walmart’s third-party administrator or insurance company. Expect them to:
- Investigate the accident.
- Review surveillance footage and incident reports.
- Evaluate your medical records.
- Possibly try to minimize or deny your claim.
Because Walmart has significant resources, it’s not unusual for them to push back hard against slip-and-fall claims. For example, they will rarely give you a copy of the video of your fall, and sometimes refuse to give you a copy of the incident report. Having clear evidence and legal guidance can help level the playing field.
Can You Sue Walmart for a Slip and Fall in South Carolina?
Yes, you can sue Walmart in South Carolina if their negligence caused your injuries. However, South Carolina follows a modified comparative negligence rule. This means:
- If you are found to be less than 51% at fault, you may recover damages.
- If you are 51% or more at fault, you cannot recover compensation.
For instance, if you were texting while walking and slipped on a spill, a jury could assign you partial responsibility, which would reduce your compensation. If the jury finds you partially responsible, they have to decide on a percentage of fault, and whatever verdict they give you will be reduced by that amount.
What to Expect When Filing a Claim Against Walmart
Unlike many businesses that rely on outside insurers, Walmart often handles claims in-house through its own risk management division. While this may sound straightforward, it often makes the process more challenging. Walmart’s claims adjusters are trained to limit payouts, question your credibility, and look for reasons to deny your claim.
An experienced South Carolina slip-and-fall lawyer can step in to handle communications, gather the right evidence, and push back against unfair settlement offers. Your lawyer may also file a lawsuit if negotiations stall. Keep in mind that under South Carolina’s statute of limitations, you generally have three years from the date of the fall to bring a personal injury lawsuit.
How a South Carolina Slip-and-Fall Lawyer Can Help
A slip-and-fall at Walmart can quickly become overwhelming when you’re juggling medical bills, lost income, and calls from claims adjusters. A lawyer can investigate the accident, potentially secure evidence before it disappears, work with medical experts to assess your injuries, and fight for full compensation.
