Suing Walmart in Small Claims Court
While a vast majority of Walmart shoppers shop with ease, some experience injuries of various severity. If you are thinking of suing Walmart, you’ll need to be prepared and know what to expect legal wise. This article will guide you when going up against giant corporations like Walmart. If you don’t want to handle the case yourself, use DoNotPay to get compensated for up to $10,000!
What Types of Personal Injuries Do People Suffer in Walmart?
Here are the types of personal injuries one can suffer in Walmart:
|Slip & Fall||Customers can slip on all kinds of things such as water, oil, milk, or juice. They can also fall and get injured due to objects that were left on the ground by a Walmart employee.|
|Poor Maintenance||Customers can cut themselves because of the broken edge of a sign or shopping cart.|
|Falling Objects||If objects are placed incorrectly, they can fall from high shelves and injure customers. Objects can also fall from high levels because of unstable shelves.|
|Delivery Drivers||Any injury caused by Walmart delivery drivers, even off the premises.|
|Assaults||Assaults that involve a Walmart employee can result in personal injuries.|
Note that you will not be allowed to sue for personal harm if you act carelessly or use the premises for purposes other than those intended such as being under the influence or climbing the shelves.
Just because you are not responsible for the incident does not make the store accountable for it. For instance, if you slip and fall in a pool of liquid spilt by another customer, Walmart will only be responsible if the employees did not clean it after a long period of time.
In general, Walmart can be responsible for the situation if:
- They were the reason that caused the dangerous situation.
- It or its employees was aware of the dangerous situation but did not act to prevent or fix it.
- It or its employees clearly and logically should have known about the situation but it did not.
How to Win A Personal Injury Lawsuit Against Walmart
To win your lawsuit against Walmart for any personal injury, you must prove the following four factors:
- Cause: Walmart’s breach of duty was the cause of your injuries.
- Injury: You suffered from reasonable and explicit harm.
- Duty: It was Walmart’s duty to prevent the cause of the harm.
- Breach of Duty: Walmart breached that duty by not removing the cause of harm.
If a legal representative or employee from Walmart calls you and requests a statement, reject them. You have no legal obligation to do so. If the corporation is aware of its liability, its insurer adjusters may contact you with a proposal to negotiate the case. The offer may appear reasonable at first sight, but later on, you could realize that it does not cover your losses at all.
Suing Walmart in Small Claims Court By Yourself
If you don’t want to pay exorbitant legal fees, you have the option of taking Walmart to small claims court. Generally, you would take these steps to do so:
- Calculate how much you are owed and make sure it does not go over the maximum amount allowed in small claims court. States have different limits for claims in small claims court, so make sure to do your research before deciding.
- Write and deliver a demand letter to Walmart. Your letter should include the damages you faced and offer a brief statement on why Walmart is responsible.
- Get the necessary small claims court files from your court, fill it out, and submit it.
- Serve Walmart. You’ll have to serve the official court papers to an actual individual and let them know you are suing the company.
- Prepare for the case (because you aren’t allowed an attorney) and show up on the hearing date.
Sue Walmart With DoNotPay
Suing a big and powerful company like Walmart might be very overwhelming and difficult by yourself. You can also choose the easy route by suing Walmart with DoNotPay! This can be done in just 5 steps:
- Open the DoNotPay on your phone or web browser
- Go to the Sue Now product
- Enter the dollar amount you are owed
- Choose whether you need a demand letter, small claims court forms, or a script
- Describe the issue with Walmart and submit additional information, such as photo proof.
With the Sue Now product, not only can you get a demand letter, you can also choose to have it mailed on your behalf. Once you’re done, come back to DoNotPay to get your small claims filing forms and your very own script to prepare for court!
What Other Companies DoNotPay Can Help You Sue?
Use the Sue Now product to sue in small claims court and join thousands of users who have done the same. Have another company in mind? DoNotPay can also help you sue: