INTRODUCTION
When shopping at Walmart, the largest retailer in the world, the last thing anyone expects is to end up injured in the store or by a defective product. Yet, slip and fall incidents or harm from defective products purchased at Walmart are not uncommon. Understanding your rights and the steps to take if such unfortunate events occur is crucial. Walmart, being private property, has a legal obligation to ensure the safety and well-being of its customers. When they fail in this duty, affected individuals have the right to seek compensation for their injuries and losses.
This article details the process one must generally follow when injured at a Walmart, Inc. store.
WHY IS WALMART, INC. SUBJECT TO MANY LAWSUITS?
As the largest non-governmental employer in the country, Walmart Stores, Inc. is one of the most frequently sued companies in the United States, receiving approximately 5,000 annual personal injury claims annually. In fact, Walmart is believed to be the retailer sued most often in personal injury cases in the U.S.. Purportedly, almost 20 cases are filed daily against Walmart. These claims are largely for injuries occurring to its customers and employees while on their premises or during an employee’s course of their employment. However, this number also encompasses employees that sue the employer for employment claims such as wage or discrimination suits.
UNDERSTANDING YOUR RIGHTS
When you step onto Walmart’s premises, you’re entering private property. This designation carries significant legal implications, particularly when it comes to personal safety and the responsibilities of the property owner. Walmart, like any other private property owner, has a legal duty to ensure its premises are safe for all customers. This duty covers a broad spectrum of responsibilities, from maintaining clean walkways to ensuring products sold are free from defects.
Legal Duty of Care
Walmart’s legal duty of care means they must take reasonable steps to prevent harm to their customers. This encompasses:
- Regularly inspecting the premises for hazards.
- Promptly addressing potential dangers, such as spills or broken fixtures.
- Ensuring products on the shelves are safe for consumer use.
Failing to meet these obligations can result in Walmart being held liable for injuries sustained due to their negligence. It’s crucial to understand this framework as it forms the basis of any personal injury claim against the company.
What Constitutes Negligence?
Negligence occurs when Walmart fails to uphold its duty of care, leading to customer injury. Examples include:
- Not cleaning up spills in a timely manner, resulting in slip and fall accidents.
- Selling a defective product that causes harm to the consumer.
- Failing to secure merchandise properly, leading to falling object incidents.
Proving negligence is central to a successful lawsuit against Walmart. It involves demonstrating that Walmart knew or should have known about the hazard and did nothing to mitigate it, directly leading to the injury.
PERSONAL INJURY CASES AGAINST WALMART, INC.
With over four-thousand stores in the U.S, Walmart sees millions of customers walk through its doors daily. While most visits are uneventful, accidents can and do happen everyday. Understanding the types of incidents that may lead to a lawsuit is crucial for anyone who has suffered due to Walmart’s negligence. The most common cases involve slip and fall incidents and injuries related to defective products.
Slip and Fall Incidents
Slip and fall accidents are among the most common causes of injuries in retail environments, including Walmart stores. These incidents can occur due to various hazards, such as:
- Wet floors without proper signage
- Uneven surfaces or torn carpeting
- Obstructed aisles
- Poor lighting conditions
Injuries from these accidents can range from minor bruises to more severe outcomes like fractures, head injuries, or chronic back problems. The severity of the injury often depends on the nature of the fall and the physical condition of the individual involved.
Defective Product Injuries
Another significant area of concern involves injuries or harm caused by defective products sold by Walmart. These can include:
- Electrical goods that cause shocks or fires
- Children’s toys with choking hazards
- Faulty automotive parts leading to accidents
- Contaminated food products
Injuries from defective products can vary widely, from minor irritations or allergic reactions to serious health issues or even death. The responsibility lies with Walmart to ensure that the products they sell are safe for consumer use.
WHAT TO DO AFTER AN INCIDENT AT WALMART, INC.
If you’ve experienced a slip and fall incident or have been injured by a defective product at Walmart, taking immediate and appropriate action is crucial. Here’s a detailed to-do list to ensure your rights are protected and to strengthen any potential legal claim against Walmart.
- Seek immediate medical attention: After suffering any injury, your well-being is your first priority. Do not put off seeing a doctor or waiting until you feel the need. Some injuries are not apparent immediately after an accident, and other injuries that seem to be minor at first become more serious later.
- Start gathering evidence: Take photos of the hazard and scene, collect witness names and contact details, preserve relevant physical evidence (like clothing), secure store surveillance footage as soon as possible, and keep thorough medical and work records to document injuries, expenses, and lost wages.
- DON’T talk to Walmart: Walmart may seek statements or signatures that can harm your claim, including incident reports or early settlement offers. You are not required to sign anything. Should they attempt to communicate regarding your incident, request copies of any documents or settlement offers and direct all communications to your attorney to protect your rights and pursue full compensation.
- DON’T wait! Time is of the Essence: Personal injury claims are subject to strict state-specific deadlines (often around two years). Acting quickly helps preserve evidence and witness memories, so consult a lawyer as soon as possible to protect your claim.
FILING A LAWSUIT AGAINST WALMART IN 2026
Pursuing legal action against Walmart requires a strategic approach due to the corporation’s extensive legal resources and experience in handling such cases. This section outlines the process of filing a lawsuit, what plaintiffs can expect, and how TORKLAW can assist every step of the way.
- Consult an Experienced Lawyer: Meet with a law firm familiar with Walmart cases, like TORKLAW, to review your incident, evidence, and injuries. They will assess your case’s strength and advise on the best legal approach.
- Gather Evidence: Your attorney will collect critical evidence, including Walmart surveillance footage, witness statements, medical records, and expert opinions to document your injuries and the circumstances of the accident.
- Pre-Litigation Negotiations: Before filing a lawsuit, your lawyer may attempt to negotiate with Walmart or its insurers to secure a fair settlement. This step can save time and avoid court, but it requires careful handling to protect your rights and ensure full compensation.
- File the Lawsuit: Your lawyer will file a formal complaint detailing Walmart’s negligence and the damages sought, officially starting the legal process.
- Discovery Phase: Both sides exchange information, including depositions and internal documents, to build their cases. Skilled Walmart lawyers ensure all relevant evidence is obtained to support your claim.
- Negotiations and Settlement: Most cases settle before trial. Attorneys negotiate with Walmart to secure fair compensation for medical bills, lost wages, and pain and suffering.
- Trial (if necessary): If a settlement isn’t reached, the case goes to court. Your legal team presents evidence, expert testimony, and legal arguments to pursue a favorable verdict.
NOTABLE SLIP AND FALL EXAMPLES
The following examples were not cases handled by attorneys at TORKLAW and are provided for informational purposes only; namely to illustrate cases that have been publicly brought against Walmart and won. These examples represent notable slip and fall settlements and verdicts involving Walmart from jurisdictions across the United States. Past results do not guarantee future outcomes, and the value of any case depends on its specific facts and applicable law. These examples illustrate how serious premises liability injuries may result in significant compensation when the store is found negligent to some degree.
- May 2023, California: A 63-year old woman wins $10 million verdict after slipping on a wet floor, resulting in a broken hip and inability to work.
- March 2024, California: A woman was awarded $2.45 million for injuries after tripping in a Walmart parking lot, where the jury found Walmart to be 65% liable.
- January 2023, New Jersey: $1.1 million verdict awarded for back injuries sustained after a slip and fall in an icy parking lot.
NOTABLE DEFECTIVE PRODUCT EXAMPLES
As mentioned, the following instances are provided for informational purposes and do not represent cases obtained by TORKLAW attorneys. They are based on publicly reported incidents, recalls, or legal actions involving products sold at Walmart stores across the United States.
- Ozark Trail Exploding Water Bottles (2025): Approximately 850,000 water bottles were recalled following reports of pressurized lids ejecting and causing serious injuries, including permanent vision loss.
- Ozark Trail Exploding Thermos (2018 & 2024): In several instances, plaintiffs have brought cases against Walmart after sustaining injuries caused by exploding or malfunctioning thermoses, including scalding from hot liquids.
- Gas Cans (2013): $15 million paid to settle lawsuits over multiple instances of defective gas cans that lacked safety-enhancing features, resulting in severe burns to users.
- Furniture Safety Allegations: Various lawsuits and recalls involving furniture sold or distributed by Walmart that failed to meet safety standards, including measures intended to reduce tip-over risks.
- Product Recalls: Walmart has issued or participated in recalls for a variety of products, including baby powder, salad kits, and food products with undeclared allergens, among others.
CHOOSING THE RIGHT ATTORNEY
Selecting an attorney experienced in handling cases against large retailers like Walmart is critical. Look for a firm that:
- Specializes in personal injury and product liability law.
- Has a track record of successfully litigating against large corporations.
- Understands the tactics used by Walmart’s defense team.
- Offers personalized attention and clear communication throughout your case.
TORKLAW fits this profile perfectly, with a dedicated team of Walmart lawyers who have extensive experience in securing justice and compensation for clients injured due to negligence by large retailers. Our approach involves thorough case evaluation, strategic evidence gathering, and vigorous representation both in and out of court.
CONCLUSION
Suing Walmart is a complex process that requires legal expertise, particularly given the corporation’s resources and the legal challenges involved. TORKLAW’s commitment to its clients, combined with our extensive experience in personal injury law, makes us an ideal partner for those seeking to hold Walmart accountable for their injuries. From the initial consultation to the resolution of your case, TORKLAW is dedicated to providing personalized attention, support, and aggressive representation.
If you have been injured in a Walmart store, call TORKLAW today at (888) 845-9696 to schedule a FREE consultation about your case.
