Suing a large corporation like Walmart can seem like a daunting task. Walmart has significant legal and financial resources at its disposal to defend itself in court. However, that does not mean suing Walmart is impossible. Thousands of lawsuits are filed against Walmart every year by customers, employees and others. The difficulty of suing Walmart often depends on the specifics of the case and how strong the evidence is to support the claims.
Requirements for Suing Walmart
There are several key requirements that need to be met to successfully sue Walmart:
- Valid legal claim – There needs to be a valid legal basis to file a lawsuit, such as personal injury, discrimination, breach of contract, etc.
- Evidence – Hard evidence is necessary to prove the allegations against Walmart. Eyewitness testimony, documents, video footage, and other tangible evidence help build a case.
- Adherence to statutes of limitations – Lawsuits must be filed before the expiration of the statutorily defined timeframe within which a suit must be brought.
- Proper jurisdiction – The suit must be filed in a court that has jurisdiction over the defendant and subject matter.
Additionally, it is advisable to hire an attorney to represent you if suing a large corporation. An experienced lawyer knows how to navigate complex litigation and deal with Walmart’s legal team. They can advise you on the validity of the claims and gather evidence necessary to prove the case.
Most Common Types of Lawsuits Against Walmart
Some of the most commonly filed lawsuits against Walmart include:
- Personal Injury – Slip and fall accidents, injuries caused by merchandise, food poisoning, parking lot accidents, etc. These often allege Walmart failed to maintain safe premises.
- Employment Discrimination – Allegations of discrimination based on race, gender, religion, disability or age in pay, promotions, hiring and firing.
- Consumer Protection Violations – Lawsuits related to false advertising, price inaccuracies, coupon policies, returning merchandise, etc.
- Labor Issues – Claims of failure to provide overtime pay, rest breaks, meal breaks, wage theft, etc.
Class action lawsuits, where large groups of people are represented in one case, are commonly filed against Walmart for consumer protection, labor, and antitrust issues.
Challenges of Suing Walmart
Despite thousands of lawsuits being filed, suing Walmart has several inherent challenges:
- Company Resources – Walmart has enormous financial resources and an in-house legal team of around 200 attorneys to aggressively defend claims.
- Strict Company Policies – Walmart policies like arbitration agreements, stringent return practices, and disclaimer signs on slippery floors can derail claims.
- Camera Surveillance – Thousands of cameras in Walmart stores make it harder to support false personal injury claims.
- Company Influence – Walmart’s economic power and political influence, especially in its home state of Arkansas, affects the judicial process.
To overcome these challenges, cases against Walmart require substantial evidence, legal resources and perseverance.
Key Steps in the Legal Process
The key steps involved in suing Walmart include:
- Pre-Lawsuit Investigation – Thoroughly examine the claim, collect evidence and witness statements, and research Walmart policies, before filing suit.
- Filing Complaint – Formally lodge the complaint in the appropriate state or federal district court with jurisdiction over the claim.
- Serving Walmart – Legally deliver the summons and copy of the complaint to Walmart’s registered agent for service of process.
- Walmart’s Response – Walmart will likely file a motion to dismiss the complaint, or formally dispute the allegations.
- Discovery Process – Extensive exchange of documents, interrogatories, depositions and other evidence between the parties.
- Settlement Negotiations – Seek mediation to arrive at a settlement, which may preclude trial if successful.
- Trial – If settlement fails, the trial proceeds with arguments and evidence presented to either a judge or jury.
- Verdict and Damages – If successful, the plaintiff is awarded monetary damages, subject to appeals process.
On average, a lawsuit can take over a year from filing to completion. Cases involving large corporations like Walmart often take several years to litigate.
Average Settlements in Lawsuits Against Walmart
It is difficult to determine precise average settlement amounts for the wide variety of lawsuits filed against Walmart each year. However, here are some indicative settlement ranges for common claims:
| Claim Type | Settlement Range |
| Slip and Fall Injury | $10,000 – $75,000 |
| Injury from Defective Product | $15,000 – $100,000 |
| Discrimination / Harassment | $50,000 – $200,000 |
| Wage & Hour Violations (Individual) | $500 – $5,000 |
| Consumer Protection Class Action | $10 million+ settlement fund |
Settlement amounts vary widely based on the damage amounts and are often subject to confidentiality agreements.
Successful Cases Against Walmart
There have been many high profile lawsuits against Walmart that resulted in substantial verdicts or settlements for the plaintiffs:
Gender Discrimination Class Action – $11 Million Settlement
In 2010, Walmart agreed to pay $11 million to settle a class action lawsuit by over 90,000 female employees alleging gender discrimination in pay and promotions.
Disability Discrimination – $6.2 Million Verdict
In 2015, a jury awarded $6.2 million to a Walmart employee with Down Syndrome for disability discrimination after Walmart fired him for taking longer lunch breaks.
Fatal Shooting at Walmart – $18 Million Settlement
In 2019, Walmart settled a wrongful death lawsuit for $18 million after an employee fatally shot another employee at a store in Indiana.
Hazardous Waste Dumping – $27.6 Million Settlement
In 2013, Walmart paid $27.6 million to settle allegations of illegally dumping hazardous waste in California to city trash bins to avoid disposal costs.
These examples demonstrate that successfully suing and winning against Walmart is possible with valid claims and perseverance.
Conclusion
Suing retail giants like Walmart is undoubtedly an uphill battle. The company deploys substantial legal and financial resources to defend itself vigorously against lawsuits. However, Walmart is not immune from the law. Strong cases backed by irrefutable evidence and skilled legal representation can overcome Walmart’s defenses. Thousands of claimants have received favorable verdicts or settlements over the years. The critical foundation of a successful lawsuit is a valid claim with substantial evidence and the determination to see the case through completion, even if it takes several years. With persistence and methodical legal strategy, justice can be won against even the largest corporations.