Common Causes of Slip and Fall Accidents at Walmart
- Leaking Refrigeration Units
- Spilled Merchandise and Product Leaks
- Wet Floors Near Entrances and Exits
- Cluttered Aisles During Restocking
- Poor Floor Maintenance
- Parking Lot and Cart Return Hazards
Injuries Frequently Seen in Charleston Walmart Slip and Fall Cases
The hard flooring in Walmart Supercenters results in a particular type of injury in slip-and-fall incidents. The most frequently documented injuries in cases handled by Hughey Law Firm reflect the full physical and long-term personal cost of falling on an unforgiving surface. The following are the most common injuries seen in Charleston Walmart slip-and-fall cases:
- Hip fractures
- Knee injuries
- Traumatic brain injuries
- Spinal injuries
- Shoulder injuries
- Soft tissue injuries to the back, neck, and extremities
Can Walmart Be Held Responsible for a Slip and Fall?
Walmart can be held liable for a customer’s slip-and-fall injury in Charleston if the company fails to meet its premises liability obligations under South Carolina law. The applicable legal theories depend on the circumstances of the fall and what Walmart knew or should have known before the injury occurred. The following legal standards apply to Walmart’s responsibility for customer safety.
- Premises liability obligations: Walmart owes its customers a duty of reasonable care to keep the store safe and address or warn them of known hazards.
- Actual knowledge of the hazard: If Walmart’s employees observed a hazardous condition and failed to address it before the incident occurred, then the company had actual knowledge of the danger.
- Constructive knowledge through failure to inspect: According to South Carolina’s premises liability standards, Walmart is considered to have constructive knowledge of conditions that have existed long enough for a reasonable inspection program to discover them.
- Failure to promptly clean up spills: Walmart is obligated to address floor hazards within a reasonable time of their creation or discovery. What constitutes a reasonable amount of time depends on the nature and location of the hazard, as well as the level of customer traffic in the area.
- There was a lack of adequate warning: When a floor hazard cannot be remediated immediately, Walmart must warn customers with adequate signage, barriers, or staff presence.
Important Evidence in a Walmart Slip and Fall Claim
Building a successful slip-and-fall claim against Walmart requires early access to the company’s evidence. The most important pieces of that evidence become less available with each passing day after the incident. The following evidence is central to any premises liability claim against Walmart.
- Surveillance footage.
- Employee inspection logs.
- Incident reports.
- Witness statements.
- Medical records.
- Photographs and videos.
Recovering Compensation After a Walmart Accident
According to South Carolina premises liability law, victims of Walmart slip-and-fall accidents can pursue seven categories of compensation if the company’s negligence caused their injuries. In serious cases, the combined value reflects not just the cost of what has already happened, but also the full financial and personal impact of what the injury will require going forward. According to South Carolina premises liability law, victims of Walmart slip-and-fall accidents can pursue the following categories of compensation.
- Medical expenses cover the full cost of emergency transport and evaluation, hospitalization, surgery, specialist care, diagnostic imaging, physical therapy, prescription medication, and all follow-up treatment.
- Lost income compensates for missed wages and earnings during the recovery period when injuries prevented the claimant from working.
- Lost earning capacity addresses the long-term economic impact of injuries that permanently affect the claimant’s ability to work in their prior occupation or at their prior income level.
- Pain and suffering compensation covers the physical pain and emotional distress experienced as a result of injuries.
- Rehabilitation expenses cover the cost of physical and occupational therapy and other structured recovery programs necessary to restore function after serious head and brain injuries.
- Future treatment costs cover anticipated ongoing medical needs beyond the recovery period, including projected surgical procedures, long-term therapy, assistive devices, and home modifications necessitated by permanent physical limitations.
- Permanent disability damages compensate for lasting functional limitations affecting daily activities, occupational capacity, and quality of life beyond the recovery period itself.
Steps to Take After a Walmart Slip and Fall in Charleston
- Step 1: Report the incident to a Walmart manager before leaving the store.
- Step 2: Photograph and video the hazard and surrounding area immediately.
- Step 3: Preserve your footwear and clothing.
- Step 4: Collect witness information.
- Step 5: Seek medical evaluation on the same day.
- Step 6: Do not give a recorded statement to Walmart or its claims representative.
- Step 7: Contact Hughey Law Firm as soon as possible.
How Hughey Law Firm Handles Complex Walmart Injury Claims
Like every significant retail premises liability matter, Walmart injury claims require the same focused investigation and litigation preparation that Hughey Law Firm brings to them, beginning with the steps that cannot wait and building through the evidence and expert resources the case requires. Here is what our representation involves:
- We provide immediate evidence preservation
- Store-specific investigation
- Medical record coordination
- Comparative Fault Defense
- Settlement negotiation and trial preparation
Challenges in Walmart Slip and Fall Cases
Walmart is one of the most experienced and best-resourced defendants in retail premises liability litigation in the United States. Understanding the specific challenges that its defense infrastructure creates allows attorneys to prepare for them before they affect the outcome of a case. The following challenges are unique to Walmart premises liability claims.
- National corporate legal infrastructure. Walmart maintains ongoing relationships with premises liability defense firms operating throughout South Carolina and the United States.
- Insurance company defense strategies. Walmart is self-insured for significant portions of its liability exposure and carries excess insurance coverage above that threshold.
- Comparative negligence arguments are used. South Carolina’s modified comparative fault system enables Walmart’s defense team to reduce the company’s liability by assigning a percentage of fault to the injured customer.
- Access to surveillance footage and timing. Walmart controls its own surveillance systems and retention schedules. Footage favorable to the company’s defense is more likely to be preserved than footage documenting the duration of a hazard or the absence of inspection activity.
- Delayed reporting and disputes over injury causation. Walmart’s defense team argues that any gap between the incident and the first medical evaluation or between the incident report and formal legal action suggests that the injuries were not serious or were caused by an intervening event.
Schedule a Free Consultation With a Charleston Walmart Slip and Fall Attorney
If you were injured in a slip-and-fall accident at a Walmart in Charleston or anywhere else in South Carolina, the Hughey Law Firm is ready to evaluate your case and pursue the compensation your injuries warrant. The consultation is free, confidential, and requires no commitment.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Disclaimer: The information on this page is for informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision that should not be based solely on advertisements. Ask us to send you free written information about our qualifications and experience before you decide. The Hughey Law Firm is located in Charleston, South Carolina.
Frequently Asked Questions
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.