Slipping and falling at a Walmart store can be a long, drawn-out process if you are not professionally represented. Filing a lawsuit over your injuries will result in a lawyer discussing settlement options with you. If you want to know how to negotiate a resolution of your case against a large corporate defendant like Walmart you have come to the right place. KM attorneys offer advice on how you can win your case.
The Kwartler Manus Strategy
Philadelphia slip and fall attorneys at Kwarlter Manus advise all clients on what it takes to win a negligence case. Victims have to be able to prove that:
- Walmart owed you a duty of care to keep the store safe and free from hazards. Wal-Mart should admit this part insofar as their legal obligation.
- That Walmart breached that duty of care by not maintaining and keeping the area where you feel safe
- The store’s failure to maintain the store resulted in you being injured and caused you to suffer damages like lost wages and medical bills.
The easy part is for the victim to establish a sense of duty and show that they have injuries or other damages too. Once they do that, the claim moves into the next phase which can be much more difficult. That is showing that Wal Mart failed in its duty to you and how that failure caused you to get hurt.
Victims also need to prove that their actions did not contribute to the slip and fall. If they did, though, be it that it was minor compared to Wal Mart’s actions. A victim’s role during this process is called contributory or comparative negligence. Depending on the victim’s jurisdiction, keep in mind they may not be able to win any compensation if their actions played a key role in the accident. In some instances, recovery can be reduced by the amount the jury associates to the victim’s negligence. However, if you are not at fault in any aspect, you need to be aware of the fact that Walmart can still raise the argument that you are to blame.
The most common question KM attorneys face in Walmart slip and fall cases relates to the argument of whether or not the store met its obligation to the customer. KM attornies evaluate whether the unsafe conditions like a slippery floor, that caused the victim to fall was present long enough where Wal Mart knew about it or should have known about the hazard.
All Wal-Marts across the country have a policy in effect that involves conducting regular safety sweeps of each area of the store. Granted, you can still argue that Wal Mart should have noticed the wet floor or hazard before you fell over it. This type of argument is much easier to make if the accident happened in one of the aisles instead of the front of the store since it is a high traffic spot.
Don’t Settle Prematurely
One of the areas in which KM attorneys are adamant is refraining from a settlement prematurely. When you consult with one of our KM lawyers we prevent you from making that decision that could end up costing you in the long run. KM is trained and specializes in this area for a good reason. We don’t want our victims settling for less than they deserve.
Call Kwartler Manus Today
If you have been involved in a slip and fall at Wal-Mart, contact the Philadelphia slip and fall attorneys at Kwartler Manus for a free consultation where we review your claim. You can rest easy knowing we have your back and support you throughout the entire legal process. Call our office today at (267) 457-5570 to schedule a consultation.