How long do I have to file a walmart slip and fall claim?
Three years from the date of the incident. Since surveillance footage and other evidence are often lost well before then, contact a Walmart injury attorney in Charleston as soon as possible to build the strongest case.
What if I didn’t report the incident before leaving the store?
It doesn’t eliminate your claim, though it’s strongly advisable to report on-site. Document what happened as soon as possible, seek same-day medical evaluation, and contact an attorney promptly.
Does Walmart settle out of court?
Yes. Most seriously pursued claims resolve through settlement rather than trial. The outcome depends on the strength of the evidence, severity of injuries, and Walmart’s assessment of the claimant’s legal representation.
What happens if Walmart denies my claim?
A denial is the company’s opening position in a negotiation backed by resources designed to minimize payouts. An independent investigation gathering surveillance footage, inspection records, witness statements, and medical records can challenge that denial, with litigation as an option if a fair resolution isn’t reached.
Can I sue Walmart for a parking lot injury?
Yes. Walmart’s premises liability obligations extend to its parking lot, including cracked pavement, poor lighting, cart obstructions, unmarked speed bumps, standing water, and poorly maintained cart corrals. These injuries are treated the same as in-store falls under South Carolina law.
What if Walmart claims the hazard was open and obvious?
This is one of Walmart’s most common defenses, arguing the hazard was so visible that a reasonably careful customer should have noticed and avoided it. Courts weigh the hazard’s nature, location, and visibility under the actual conditions. This defense doesn’t automatically defeat a claim and can be challenged with the right evidence.
How long does Walmart keep surveillance footage?
Approximately thirty days before it’s automatically overwritten, unless a legal preservation demand has been received. Contact a Charleston Walmart attorney immediately after an incident to ensure footage is preserved.