Can I Sue if I got Assaulted with a Baseball Bat at Walmart?

This is a complicated question to answer, as it’s normal for stores like Walmart to have sports equipment on the premises. That includes displays with baseballs gloves, balls, and bats, which help customers find exactly what they’re looking for. Some places take the precaution of securing items to the display board, and this is mostly done as a way to prevent shoplifting. But it can also be a security measure to keep people from using a baseball bat to hurt someone at the store.

However, the owner of a store cannot anticipate every single incident that can happen on their premises. And it’s safe to say that baseball bat assaults are not as common as slip and falls, falling objects, and other accidents that can happen at a store. Thus, a Walmart location is not in violation of the state’s premises liability laws if they make it possible for customers to touch and pick up a baseball bat.

On the other hand, a company does need to take additional precautions if there is a previous history of assault and battery on the premises. In that case, failure to actually tie up the equipment knowing prior instances of assault had taken place may be grounds for a personal injury lawsuit. Many of these incidents happen in areas with higher crime rates. But frankly, we’ve all come across incidents of people fighting at a Walmart, or people that were assaulted by vagrants and sexual predators on the premises, even at stores in affluent neighborhoods.

If there is a clear pattern of assaults on store property involving items at the store, Walmart has a duty of care to secure these objects and ensure that they cannot be used as weapons. If the store failed to take these measures and you were injured as a result, you have the right to file an assault and battery lawsuit against Walmart.

Being hit with a baseball bat can seem funny when it’s part of a TV show, movie, or YouTube skit. But these are generally staged incidents, where no one is actually hurt. When there is a real fight, a baseball bat can result in extremely serious injuries to the unfortunate victim. Bodily harm from an assault and battery with a baseball bat includes:

• Skull fracture
• Intracranial hemorrhaging
• Brain damage
• Broken bones
• Ruptured internal organs
• Disfigurement in the face and other parts of your body
• Loss of function / paralysis
• Coma
• Death

Tragically, there are many stories on the news of people who have died from being assaulted with a baseball bat. These fatalities are usually associated with head trauma and injury to the brain, especially if the victim slips into a coma. Those who have lost a loved one to a Walmart assault and battery incident may be entitled to wrongful death compensation. This is a lawsuit that’s meant to provide compensation for the mental anguish and monetary losses that family members are left with after a negligent death. Our attorneys are available to meet with if you’d like to learn more about the process of suing for a personal injury or wrongful death.

The settlement from a personal injury lawsuit will provide you with payment for a variety of financial and emotional losses. These include direct monetary losses, like damage to your belongings and the cost of medical treatments. Accidents can also cause emotional trauma and mental health issues, like depression and PTSD. The damages you can potentially recover from an assault and battery lawsuit include:

• Compensation for medical expenses (including lifetime care costs)
• Lost wages (and possibly future lost wages if your injuries are severe enough)
• Pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic damages
• Property damage
• Cost of legal fees
• Punitive damages

Now that you have a sense of what’s included in a settlement award, you probably want to know: What is the average value of an assault and battery lawsuit against Walmart? Due to the severity of injuries from these incidents, case values are usually in the range of $100,000 to $3,000,000. If you’d like help in figuring out the value of a Walmart assault and battery accident claim, don’t hesitate to give us a call.

You must always keep in mind that there is a limited amount of time to file a lawsuit against a negligent party. In California, the statute of limitations for an assault and battery claim is 2 years, starting from the day you are injured. If you have injuries that are not diagnosed until a later time, the statute of limitations would start on the day of discovery. Either way, two years can go by quickly when you are struggling to recover from an accident. The last thing you want is to run out of time for a lawsuit and go without the funds you deserve if you were assaulted at a Walmart store. Please don’t delay in taking action on your case by giving us a call here at our law firm.

Due to the complex nature of liability for assault and battery incidents, it can take at least several months of back and forth negotiations to reach a settlement in these cases. That’s not counting the amount of work that’s needed to investigate your case and obtain crucial evidence, like surveillance footage, witness statements, and testimony from experts. Though we will try to achieve a resolution within 6 months, the actual timeline may be one or more years, and up to several years if your lawsuit goes to trial.

Filing a lawsuit is a big decision, and it’s not something you should do on a whim. That’s why it’s important to consult a lawyer with experience in assault and battery cases. Our law firm is happy to offer you a free case evaluation, where you can learn about your rights and the steps we will take on your behalf. Alternatively, we offer second opinions free of charge if you need advice on a claim or lawsuit that’s already in progress.

If you choose to hire us for an assault and battery lawsuit against Walmart, there’s nothing you need to pay since we offer a Zero Fee Guarantee. We guarantee that you will never be responsible for any of our expenses. We account for all legal fees when we calculate the value of your case, which means we don’t get paid unless we recover your settlement.

We hope you’ll give us the opportunity to speak with you and provide you with guidance on the legal process for a Walmart accident injury claim. Contact us today for a free case review or free second opinion.

Other Pages on Our Website Related to This Topic
I was Assaulted by a Store Owner – Can I Sue?
Assault and Battery Incidents at Wingstop – Lawsuit Attorneys