Miami Walmart Accident Attorney

Our personal injury law firm is familiar and experienced with the unique nature of representing people who have been injured by “big-box” retailers like Walmart, Sam’s Club, Home Depot, Costco, BJ’s Wholesalers, and Target.

HISTORY OF WALMART

Walmart is headquartered in Arkansas and is the largest retailer in the world and the single largest grocery retailer in the United States. And because it remains a family-owned business, Wal-Mart operates unlike Publix or Winn-Dixie, and unlike the large chain drug stores, like CVS or Walgreens.

Currently, Walmart employs over two million people, making it the world’s largest private employer. This does not take into account the additional hundreds of thousands of people around the world who work indirectly for Walmart by manufacturing the goods that Walmart sells.

Walmart was founded in 1962 by Sam Walton, and has been publicly traded on the New York Stock Exchange since 1972. It also owns and operates Sam’s Club, and other retail warehouses in the United States. Walmart is more profitable than Sears, K-Mart, and JC Penny. Currently there are 8,500 Walmarts in 15 countries, often operating under one or more of 55 different names.

If you have a potential claim for injury against any Walmart store in Florida, please contact our law firm for a free initial consultation regarding your case. Our lawyers are available to answer your questions by phone: 305-441-0440 or call Toll Free: 866-597-4529, or you can email Spencer Aronfeld.

FALLING MERCHANDISE ACCIDENTS AT WALMART

Another common type of claim we have seen involves customers who have been injured by merchandise falling from high shelves, especially in stores like Home Depot or Lowes, where heavy merchandise is routinely placed in shelving high above the aisles. Moreover, display racks are set up for special promotional events for the Fourth of July, Labor Day, or Back to School. These types of displays are often assembled for single use or as single-event promotions and are not constructed in the same way as permanent displays. Often they are not assembled properly by the store employees or are over stacked with heavy products that cause the displays to topple when a customer attempts to remove an item.

Both slip and fall cases and falling merchandise claims against Walmart share much in common under Florida law. To win a personal injury case against Walmart for being hurt by falling merchandise, one has to first prove that Walmart knew of the dangerous condition–or should have known–and failed to warn the customer. In addition, we have been successful in proving that the condition was actually created by the store by failing to properly assemble the display or maintain it.

DIFFERENT TYPES OF ACCIDENTS IN WALMARTS

Because of the vast number of different types of retail goods and services being sold under a single roof in one location, Walmart stores are immense in size, varying from 98,000 to 261,000 square feet. The average Walmart is about 197,000 square feet. Unsurprisingly, in view of such large spaces, our Walmart-customer injury law firm has successfully represented many injured people in a wide variety of personal injury claims.

WALMART ACCIDENT CASES IN FLORIDA

Dozens of Walmart Stores pepper the map of Florida from Jacksonville to Florida City and up and down both the West and East Coasts of the State. Many of the Walmarts in Florida are open 24 hours a day and provide a range of services that include a full grocery store, gas station, pharmacy, optometrist, drug store, Subway Sandwiches, and even McDonald’s.

The unique retail combination of mixing grocery stores with electronics, gas stations and garden centers–all operating 24 hours a day–poses an enormous responsibility for Walmart to maintain their stores and parking lots in a clean and safe condition.

SLIP AND FALLS AT WALMART

Perhaps the most common type of warehouse accident in all big-box retailers like Walmart, Target, and Home Depot occurs when a customer slips and falls on a liquid that has been left on the floor of an aisle or in the parking lot.

Many people believe simply because they have fallen down in the store’s aisle on a wet floor caused by a slippery substance–such as soap, grease, discarded food, or oil–that they are automatically entitled to sue for any injury they may have sustained; this assumption is not correct under Florida law.

In order to win a slip and fall case against Walmart in Florida, one must first prove that Walmart failed to properly maintain, inspect, and operate their store in a reasonably safe condition and either knew or should have known that a dangerous condition existed in their store or parking lot and failed to warn the approaching customer.

In order to prove this the surveillance video of the area of the fall is crucial evidence. When our Florida Walmart accident lawyers are first consulted about a potential claim, we immediately notify Walmart not to destroy the video of the scene–not just to prove that our client actually fell and was injured, but to demonstrate how long the dangerous condition, such as a spilled drink or oil, had existed on the floor without being cleaned or dried appropriately.

INJURIES THAT OCCUR IN WALMARTS IN FLORIDA

Typically the kind of injuries that are claimed from slipping and falling in Walmart are back, neck, and shoulder problems and fractured wrists and collar bones. Once Walmart employees are notified that a customer has been injured in the store or parking lot, they will investigate the scene, take photographs, and interview the customer. Often times an incident report is made, and the injured customer is asked to sign the report. Rarely if ever is a copy of what the customer signed provided.

In my experience, as a lawyer who has sued Walmarts and similar warehouse stores across the State of Florida for more than twenty years, I have found that if the customer complains of even the slightest pain, a Walmart-trained employee or risk manager will most likely offer to call 911 on the customer’s behalf and request an ambulance. Usually shaken up and embarrassed by the fall, often the injured customer will decline the offer of the ambulance or fire rescue truck. This can often be a costly mistake for the claimant as it will give ammunition to the defense that the injury was not very serious since emergency medical care was refused; declining care also casts doubt on any subsequently discovered injury that may have occurred once the customer leaves the store. We do not advocate calling paramedics to a fall at Walmart if you are not injured. However, we have found in case of serious accidents at Walmart that having the testimony of the EMTs, who describe the scene as independent witnesses, can help substantiate the claim that there was in fact liquid or some other dangerous condition on the floor when they arrived.

We have also found that it may become increasingly difficult to obtain the appropriate medical care and diagnosis for a customer who has no medical insurance; however, if that customer had arrived at the emergency room directly from the store, he or she most likely would have received an evaluation by an emergency room doctor, a radiologist, and an orthopedic- or a neurosurgeon immediately.

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