There’s a lot to see when you shop in a warehouse store like Costco or Sam’s Club or in a big box store like Walmart, Target, and Home Depot. Items can be stacked high, placed on towering shelving that’s twice and three times as high as an average human, crammed on tables in high-traffic areas, arranged on haphazard displays, or piled at the end of already filled aisles. Shoppers trying to maneuver through these stores or reach items that are on the top shelves can face an obstacle course of hazards. And when they get injured due to these hazards, they may find they face a bigger challenge yet—proving it was the store’s fault.
The experienced slip and fall attorneys at Peterson Law Firm understand that these large stores can present very real dangers to shoppers. Mega stores are often difficult to navigate because some of them may cut corners on safety—placing barriers where you need to walk and push your cart. If you've been injured at a store like Walmart, Costco, Home Depot, or another similar retailer, you should know your rights and have an experienced advocate in your corner. Here, we discuss why having legal representation after an accident is so important to helping you recover the compensation you deserve.
Why Are Big Box and Warehouse Stores Especially Dangerous?
Big retailers pack a lot of products into huge spaces, which is great for one-stop shopping, but it can be dangerous for those walking the aisles. Some of the most common hazards include:
- Overstocked shelves. Sky-high racks stacked to the brim can create tipping risks and falling object dangers.
- Cluttered aisles. Pallets of products crowding walkways can cause tripping hazards and obstructed views.
- Slippery floors. Spills, leaks, and wet walking surfaces can lead to treacherous footing.
- Poor lighting. Dim conditions can make it hard to spot hazards until it's too late.
- Lack of warning signs. Missing warning signs fail to alert shoppers to known dangers.
Stores have a duty to maintain safe premises for customers. But too often, the push to keep costs down and shelves full means basic precautions may be ignored. This lack of attention to safety can cause in-store injuries that leave victims physically, emotionally, and financially harmed. Suddenly, victims face a mountain of medical bills for emergency care, diagnostic scans, follow-up treatment, and rehabilitation. They may be unable to work, depriving their family of critical income, and their injuries can impact their relationships and emotional well-being.
The pain and trauma of a big box injury could likely have been prevented if the store had simply upheld its basic responsibility to provide a safe environment.
Get an Incident Report
When you fall and are injured in a warehouse or big box store, it’s important to tell the manager right away and ensure that they write up an incident report. This report should detail when you fell, the specific cause of the fall, the location inside the store where the accident occurred, a description of your injuries, and the names of any witnesses. You should focus especially on the dangerous condition that caused the slip and fall.
Here are some examples of the content and format of an incident report:
- Date and time of the incident: January 10, 2023
- Your name and contact information: Mary Smith, msmith@email.com, 555-555-5555
- The location where the accident occurred: Aisle 4 in front of the pallets of bottled water
- Nature of the incident: Slip and fall
- Description of the hazard that caused the incident: A slippery substance on the floor in Aisle 4; or, a large product display obstructing shoppers’ views; or, a large pile of cardboard and boxes at the end of the aisle; or, a large crack in the concrete floor
- Explain the accident: As I walked down the aisle, my foot slipped on the slippery liquid, causing me to fall backward onto the tile; or, I turned my cart down an aisle and tripped on the crack in the floor
- Sustained injuries: A sore ankle, which started to swell; a scraped knee; a sore hip; I needed help getting up and walking
- Witnesses: Report any eyewitnesses and also employee witnesses
- Action taken: I reported the fall to the manager, John Jones, immediately. He called 911 right away.
These details are important to clearly identify the specific hazard, location, and circumstances of the incident. This report also shows that you were injured by the fall.
Why It’s Difficult to Prove Big Store Negligence
When you file a personal injury claim against a warehouse or big box store, they will have a team of lawyers who will work hard to delay, deny, and defend against your case. Facing off with these big retailers will likely present a number of difficult challenges and obstacles, including the following:
- Notice of hazard. The store may claim they didn't know about the danger and lacked reasonable time to address it. They might say the slippery substance or the leak on the floor “just happened,” or they had no knowledge of it.
- Video evidence. Stores are full of security cameras, but accessing the footage to support your personal injury claim can be a challenge. That’s why it’s important to contact our slip and fall attorneys right away. They may send a spoliation letter that makes a formal demand to preserve all relevant evidence, including video footage that might show the incident. This letter is vital for preventing evidence destruction, especially with surveillance video that might automatically overwrite old footage.
- Minimize injuries. The retailer may argue your injuries aren't that severe or were caused by a preexisting condition. That’s why it’s important to get medical attention right away. Not only is it important to your health, but a medical report creates a direct link between the accident and your injuries.
- Dispute responsibility. The retailer’s lawyers may try to point the finger at employee contractors, product vendors, and even you as the victim. They may claim you were talking on your phone and not paying attention, or you were looking up at an item on a shelf when you tripped.
Building a strong case requires swift action to gather the kind of evidence that can help you obtain fair compensation. An experienced attorney will know how to line up witnesses, apply effective pressure on the store and their insurers, and how to work around the roadblocks the store may put in your way.
Why You Need Legal Representation
Holding a warehouse or big box store accountable for a slip and fall injury isn’t easy. You need legal representation from Peterson Law Firm—a team who understands the system and won’t be bullied by big corporate lawyers. Our skilled injury attorneys are skilled at the following:
- Conducting an immediate investigation to secure vital evidence
- Identifying all negligent parties and sources of compensation
- Handling communication with the store and insurance companies
- Bringing in experts to prove how the store's negligence caused your injuries
- Building your case for maximum damages—medical costs, lost income, and pain and suffering
- Taking your case to trial, if needed, to get the outcome you deserve
Studies show injury victims recover far more compensation with qualified legal counsel than by trying to go it alone. While the store focuses on protecting profits, our lawyers will be solely devoted to protecting you.
Peterson Law Firm Is on Your Team
As an injury victim, you have the right to hold big box stores responsible when their negligence turns a simple shopping trip into a devastating event. If you were hurt due to unsafe conditions at a big retail store, our dedicated legal team who can evaluate your situation and explain your options. You may be entitled to significant compensation for medical expenses, lost wages, pain and suffering, and other damages. Read our case results to learn how we’ve helped other clients with their slip and fall claims.