In Michigan, you can sue for a slip and fall at Walmart if your injuries were caused by Walmart’s failure to exercise reasonable care to protect you from harm caused by a dangerous condition or a dangerous hazard in their store.
In any Michigan slip and fall lawsuit against Walmart, you may be able to recover compensation for your pain and suffering as well as money damages to pay the bills for your medical care and to reimburse you for the lost wages and other economic losses you and your family have had to endure because your injuries prevented you from returning to work.
If you or a loved one has been injured in a slip and fall at Walmart in Michigan, then you need to speak with an experienced slip and fall lawyer to ensure that your legal rights are properly protected and preserved, and so that you and your family recover full and fair compensation and money damages that you’re legally entitled to.
Michigan Walmart slip and fall policy
Michigan Walmart’s, like many big box stores, has a slip and fall policy. However, the Michigan Walmart slip and fall policy is kept private by the company and is not disclosed to the public. However, it can be obtained through discovery requests when a lawsuit is filed. The policy also involves dealing with Walmart Claims Services, which investigates and processes injury claims and assists with litigation when a slip and fall lawsuit is filed in Michigan.
The Walmart Claims Services website says that it provides “claims administration” through investigations, evaluations and determinations.
In reality, that often involves Walmart finding ways to deny claims and helping Walmart escape responsibility for injuries caused by its negligence. Walmart is known to be intentionally difficult to settle cases with pre-lawsuit, but they do settle and pay when a lawsuit is filed and properly proved by an experienced Michigan slip and fall attorney.
For most victims who will be dealing with Walmart Claims Services, you will be asked to hand over medical records, to provide recorded statements, and often to endure extensive and unexplained delays in the processing of your claims. Ultimately, many people dealing with Claims Services will be offered a low-ball settlement offer that is well below the actual fair value of their claim.
You are not legally required to do any of this. Before you start authorizing Walmart Claims Services to access your medical records, it is important to speak with an experienced lawyer first so you can protect your legal rights and protect your right to a fair settlement of your injury claim.
What to do if you slip and fall in Walmart in Michigan
- Call 911 and seek medical attention
- Report the incident
- Document the accident
- Interview witnesses
- Preserve any evidence
- Keep records of medical treatment
- File a claim with Walmart
- Consult a lawyer
Call 911 and seek medical attention
You should always visit an emergency room or see your physician as soon as possible after sustaining injuries in the accident.
Report the incident
Report the incident to a store manager or employee – but, in doing so, make sure to not make any statements that could be taken out of context to suggest you were at-fault. Make sure to request a copy of the incident report that Walmart creates.
Document the accident
Document the accident and the scene as thoroughly as possible – This may include taking photos or videos of the area where the incident occurred. Capture any hazards, such as a wet floor, a spilled substance, or any other dangerous conditions.
Get contact information and interview any witnesses as they can provide statements about what they saw, which may be valuable if you pursue a legal claim.
Preserve any evidence
Keep any evidence related to your fall as it might be important in determining liability.
Keep records of medical treatment
Keep records of all medical treatments and expenses related to your injuries. This will be crucial for showing the extent of your injuries and the course of your medical treatment. Additionally, it will document your medical expenses which you can seek to be reimbursed for through economic damages.
File a claim with Walmart
After a slip and fall accident in Michigan at a Walmart it is critical that you file a formal claim with Walmart and/or Walmart Claim Services. You will want to consult with your lawyer first to make sure you present Walmart with all of the facts and evidence it needs to pay you compensation and damages on your claim.
Consult a lawyer
Contact an experienced Michigan slip and fall lawyer for advice about protecting your rights and pursuing your claim against Walmart.
Can you sue Walmart for a slip and fall in Michigan?
In Michigan, you can sue Walmart for a slip and fall when their negligence or failure to maintain a safe environment contributed to your injury. However, you will need to prove that Walmart breached its duty to you by allowing a dangerous condition to exist on its property.
To have a successful case, you generally need to establish the following elements:
- Duty of Care: In Michigan, if you were a Walmart customer at the time of your slip and fall injury, then you qualify as an “invitee” in the eyes of the law, which means that Walmart had a duty to exercise reasonable care to protect you and other invitees from an unreasonable risk of harm caused by a dangerous condition in their store.
- Breach of Duty: You must demonstrate that Walmart breached its duty to exercise reasonable care by failing to inspect the premises and make them safe for visitors. For example, this could involve failure to clean up a spilled substance promptly or failure to fix a known issue like a broken handrail or uneven flooring.
- Causation: You need to establish that Walmart’s breach of its duty, i.e., its failure to exercise reasonable care to make its premises safe, resulted in your accident and was the cause of your injuries.
- Damages: You must have suffered actual damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, and other related costs.
How to sue Walmart for a slip and fall in Michigan
In Michigan, the legal process for suing Walmart for a slip and fall will – at a minimum – involve the following steps: talking to an experienced lawyer, investigate and gather evidence, notify Walmart, file a lawsuit, discovery, negotiation and mediation, trial and verdict and compensation.
1. Talk to an Experienced Lawyer
If you’ve been injured in a slip and fall accident at Walmart, you need to talk with and hire an experienced lawyer who specializes in helping people like you recover compensation and damages for your injuries that were caused by Walmart’s negligence.
Walmart has an army of lawyers – as well as the Walmart Claims Services investigators, adjuster and litigation specialists – guarding Walmart’s interests. No matter what they tell you, protecting Walmart from being held accountable for the harms caused by its negligence is their one and only goal. Make sure that you’re protected, looked out for, and advocated for. Get an experienced, skilled lawyer on your side.
2. Investigate and Gather Evidence:
You need to gather evidence related to your injury. This may include photographs, video footage, witness statements, medical records, and any documentation from the store, such as incident reports.
3. Notify Walmart
– Your attorney will typically send a demand letter to Walmart, notifying them of your intent to file a lawsuit and outlining your claims. This letter may also propose a settlement, but that depends on the specifics of your case.
4. File a Lawsuit
– If a settlement cannot be reached, your attorney will file a lawsuit in the appropriate court. The lawsuit will detail the allegations, the damages you’re seeking, and the legal basis for your claim.
5. Discovery Phase
– After the lawsuit is filed, both parties engage in the discovery process. This involves exchanging information, documents, and depositions of witnesses and experts. Your attorney will use this information to build your case.
6. Negotiation and Mediation
– Before proceeding to trial, there may be negotiations or mediation sessions to attempt to reach a settlement.
– If a settlement cannot be reached, your case will go to trial. Your attorney will present your case, and Walmart’s legal team will defend the company. A judge or jury will make a decision based on the evidence presented.
8. Verdict and Compensation
– If your case is successful, the court will issue a verdict, and you will be awarded compensation for your pain and suffering as well as money damages. . The economic damage may include medical expenses, lost wages, and other related costs.
The exact steps and process can vary depending on the specific circumstances of your case, and it’s essential to follow the guidance of your attorney throughout the process.
Michigan Walmart slip and fall lawsuit
In Michigan, a Walmart slip and fall lawsuit allows victims and their families to recover pain and suffering compensation from the retail giant as well as money damages to cover the medical bills they incurred as a result of their injuries and resulting medical care. Damages for lost wages are also available.
The key to a lawsuit is the fact that Walmart has a duty to exercise reasonable care to protect invitees, i.e., its customers and people who enter onto the premises to do business with Walmart, from an unreasonable risk of harm caused by a dangerous condition in the store and on Walmart’s property.
This duty includes the duty to “anticipate the harm” that could befall invitees from an open and obvious dangerous condition they have permitted to exist on their premises.
How to choose the best attorney for a slip and fall at Walmart in Michigan
In Michigan, the top 4 qualities you should look for when choosing the best slip and lawyer for a slip and fall at Walmart include: (1) experience; (2) specialization in handling slip and fall cases against aggressive corporations; (3) a track record of winning settlements; and (4) glowing reviews from past clients.
Here are more factors to consider when choosing the best attorney to handle your case:
1. Look for Specialization in Personal Injury
Seek an attorney who specializes in cases involving these types of incidents. This specialization means they have the experience and expertise needed for your specific case.
2. Check Their Track Record
Research the attorney’s track record in handling these types of cases. Look for a history of successful settlements or verdicts. Online reviews and referrals from friends and family can provide insights into an attorney’s reputation.
3. Consider Experience with Walmart Cases
If possible, choose an attorney who has experience handling cases against Walmart or other large retail stores. They will be familiar with the tactics and defenses often used by such corporations.
4. Schedule a Consultation
Meet with the attorney for an initial consultation. Discuss your case and evaluate their communication style, responsiveness, and how comfortable you feel working with them. Many attorneys offer free initial consultations.
5. Ask About Fees
Inquire about the attorney’s fee structure. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Make sure you understand the fee arrangement and any associated costs.
6. Assess Communication Skills
Effective communication is essential in legal cases. Ensure the attorney is a good listener, explains legal concepts clearly, and keeps you updated on the progress of your case.
7. Evaluate Resources and Support Staff
– A successful attorney often has a dedicated team or support staff to assist with various aspects of your case. Make sure the attorney has the resources needed to handle your case effectively.
Do I need an attorney for a slip and fall at Walmart in Michigan
In Michigan, while you’re not required to have an attorney, it’s highly advisable to consult with one if you’re considering a slip and fall lawsuit against Walmart. The company aggressively fights every case. It seldom if ever admits responsibility. And on the rare occasion that it does agree to settle a slip and fall claim, it will inevitably push low-ball offers that are drastically below the true value of the claim.
If there is ever a time to “go it alone” and represent, that time is NOT when you are seeking compensation and money damages from Walmart for an injury you suffered as a result of their negligence.
What evidence do I need to have to prove a slip and fall at Walmart in Michigan?
Although every case is different, the evidence that you should try to collect, gather and preserve to prove your slip and fall at Walmart includes the following:
Photographs and Videos: Take clear photographs or videos of the accident scene, showing the hazardous condition or defect that caused your accident. These photos and videos should be taken as close in time as possible to the time of the accident occurred. Include images of the location, the substance or object that caused the slip, and any warning signs or lack thereof. Also, take pictures and videos of your injuries.
Witness Statements: Collect contact information from any witnesses who saw the incident occur and/or who observed the hazardous condition or defect that caused your accident. Their statements can support your version of events and establish the dangerous condition.
Incident Report: If Walmart employees or management created an incident report, obtain a copy of it. This report may contain information about the incident and what actions were taken by the store.
Store Surveillance Footage: Request any surveillance camera footage that may have captured the incident. Make this request immediately. Video surveillance footage is often taped over after 24 hours, so it’s imperative that you act quickly.
Medical Records: Your medical records and bills are essential to demonstrate the extent of your injuries and the medical treatment you received as a result of the accident.
Footwear and Clothing: Preserve the clothing and footwear you were wearing at the time of the incident, as they may serve as physical evidence. For instance, if your shoes have visible traction marks, it can indicate the conditions that led to the slip. Additionally, if you slipped on a floor that was recently waxed, your clothing or shoes may contain wax residue that could be useful in proving liability.
Maintenance Records: If available, obtain maintenance records or evidence that shows whether the area in question was regularly inspected and maintained by Walmart employees.
Time and Date Documentation: Note the date and time of the incident, as well as any relevant weather conditions or lighting conditions. This information can be crucial in establishing the circumstances.
Expert Testimony: In some cases, expert witnesses, such as safety experts or engineers, may be necessary to provide testimony on the hazardous condition and Walmart’s negligence.
Documentation of Expenses: Keep records of all expenses related to the incident, including medical bills, lost wages, and any other financial losses.
Past or Prior Cases: If other similar incidents have occurred in the same area in the store or other similar complaints have been made, this information can help establish that the store knew about the hazard that caused your accident and, thus, establish a pattern of negligence.
Walmart’s training manuals and videos – These may show how employees are expected to keep the premises safe as well as highlighting the specific dangers that could arise when cleaning and maintenance policies are not followed by employees.
Injured in a slip and fall at Walmart in Michigan? Call now!
If you were injured in a slip and fall at Walmart in Michigan, call now (616) 900-6445 for a free consultation with one of our experienced slip and fall lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
The attorneys at Michigan Slip and Fall Lawyers are here to help you and your family fight to get the best possible legal settlement for you and your family. Call now for a no-cost, no obligation, free consultation with one of our experienced lawyers to discuss your legal rights to pain and suffering compensation and to money damages to help you and your family pay your medical bills and make up for the wages you’ve lost because your injuries have disabled you from working.