When it comes to slip and falls at big box stores like Walmart or Target, figuring out who’s responsible for your injuries is not always straightforward. These large retailers are legally obligated to keep their stores reasonably safe for shoppers, but proving liability often depends on whether the store knew—or should have known—about a dangerous condition like a wet floor, loose carpet, or spilled merchandise. In many cases, store employees, third-party contractors, or even outside property managers may share responsibility. Knowing how liability works in slip and fall accidents can help you protect your right to compensation if you’re injured while shopping.
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If you or a loved one suffered injuries in a slip and fall accident and believe that a big box store is responsible, you may be able to recover compensation with the help of Ankin Law. Call 312-600-0000 to schedule a free consultation with a Chicago slip and fall attorney.
When Can Big Box Stores Be Held Liable for Slip and Fall Injuries in Illinois?
If you suffer injuries in a fall at the store, you may be able to hold the store liable for your injuries if you can prove that staff, management, or owners failed to mitigate the risk of an accident.
Store management and staff must do what they can within reason to maintain a consistently safe environment for customers. While some accidents might result from hazards that staff cannot respond to on time, such as sudden unexpected spills or damage to flooring or other surfaces, big box stores like Walmart, Costco, Target, Home Depot, and many others could be responsible if they fail to identify and address known safety hazards.
Some hazards that could lead to accidents in big box stores include loose floor mats or tiles, wet flooring, cracks in parking lots requiring repairs, equipment or other obstructions posing a tripping risk, and falling objects.
What Evidence Is Needed to Prove Negligence After a Retail Store Slip and Fall?
If you’re going to win a Walmart slip and fall lawsuit or another big box store injury claim, you will need ample evidence proving that an injury resulted from a preventable hazard.
There are multiple pieces of evidence that you could use to make slip and fall claims easier to build, such as:
- Incident reports that detail the nature of the accident and how it occurred.
- Surveillance footage or photographs of the accident scene, the accident itself, the hazard present, and injuries sustained.
- Medical records, further detailing the state of the injury and the specific diagnosis.
- Witness statements from people who were present during the accident.
A retail store slip and fall lawyer could help you collect and organize this and other evidence to prove negligence after an accident.
Understanding the Legal Duty of Care Owed by Walmart, Target, and Similar Stores
To succeed with a slip and fall injury claim in a big box store, you will first need to prove that the store owed you a duty of care. This will involve showing that you were a valid customer in the store at the time of the accident with permission to enter the premises during business hours.
Additionally, you will need to demonstrate how the store breached that duty of care, including how the store failed to identify or address a particular hazard that staff and owners should have known about.
Subsequently, you must then show how this breach of duty led to your accident, and that the accident resulted in calculable damages, including injuries and resulting medical expenses, lost income, pain and suffering, and other economic and non-economic damages.
Common Defenses Big Box Stores Use in Slip and Fall Cases
Retail giants like Walmart and Target rarely accept liability without a fight. Their insurers and legal teams often argue that:
- The hazard was “open and obvious.” They may claim any reasonable shopper would have seen and avoided the danger.
- You were distracted. Defense attorneys often argue that you were looking at your phone or not paying attention.
- The store didn’t have enough time to fix the hazard. For example, if another shopper spilled a drink just moments before your fall.
- You share responsibility. Illinois follows a modified comparative negligence rule, meaning if you’re found more than 50% at fault, you can’t recover compensation.
Knowing these strategies upfront helps you and your attorney prepare strong counterarguments.
Why Slip and Fall Cases Against Big Box Stores Are Different
Unlike small businesses, national retailers have:
- Corporate policies for incident reporting, cleanup, and employee training. These can become key evidence if policies weren’t followed.
- Complex ownership and maintenance structures. Sometimes the store leases space from a mall or shopping center, meaning landlords, property managers, or contractors could share liability.
- Deep-pocketed insurers. While this can make settlement negotiations tougher, it also means higher potential recovery if negligence is proven.
Because of these complexities, slip and fall cases at Walmart or Target often require more investigation than accidents at smaller local stores.
FAQ: Slip and Falls at Big Box Stores
How long do I have to file a lawsuit after a slip and fall in Illinois?
You generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can bar your claim completely.
Can I still recover if I was partly at fault?
Yes, as long as you are 50% or less at fault under Illinois’ comparative negligence rule. Your compensation will simply be reduced by your percentage of fault.
Do big box stores settle slip and fall cases out of court?
Many cases settle before trial, but retailers and insurers often delay or lowball offers. Having an attorney experienced in handling Walmart or Target claims improves your chances of securing fair compensation.
Consult an Attorney
Before filing a claim or lawsuit against a big box store, it’s crucial to speak with a reputable retail store accident attorney to discuss your options.
Many big brands like Walmart work with some of the largest insurance companies to protect them from liability, which can make it harder to prove a breach of duty of care and recover total compensation. Having the right lawyer by your side could make this process simpler and increase your chances of succeeding.
To schedule a free consultation with the legal team at Ankin Law, contact us online or call 312-600-0000.
