Can I be compensated by a store if, while I was shopping there, battery acid from a faulty battery spilled out onto my neck arms and hands?

Car battery acid spilled all over me as I was pulling a car battery off the shelf. I ran to find an employee who could direct me towards a wash station. The store manager told me they didn’t have a wash shower, all they had was a public sink. The manager of Walmart then had another employee get me baking soda to

Asked on April 11, 2017 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you receive medical treatment to document your injury, you will receive little or nothing in compensation.
Your claim should be filed with Walmart's insurance carrier.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical report and if applicable, documentation of wage loss.
Your personal injury claim filed with Walmart's insurance carrier should include those items.  Compensation for the medical bills is straight reimhursement.  The medical report will document your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with Walmart's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit against Walmart based on premises liability.  It is probably not worth pursuing a lawsuit in this case because based on the facts, you won't recover much compensation unless you receive medical treatment.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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