Walmart Accident Lawyer in Miami

Walmart Supercenters and Walmart Neighborhood Markets across Miami-Dade and Broward see thousands of customers a day, and slip-and-fall, falling-merchandise, and parking-lot incidents at Walmart locations generate a steady stream of injury claims. Walmart is a sophisticated, in-house-defended litigant — its claims department, "Claims Management, Inc." (CMI), handles thousands of cases nationally and is well-known for aggressively contesting customer injury claims. A Miami slip-and-fall lawyer who has dealt with Walmart's defense playbook can level the playing field.

Common Walmart Accidents in South Florida

  • Slip and falls — spilled liquids in food aisles, leaking refrigerator and freezer cases, tracked-in rain near entrances, dropped produce
  • Trip and falls — pallets, stocking carts, merchandise on the floor, broken floor tiles
  • Falling merchandise from overstocked or improperly stacked shelves
  • Auto Center incidents — improperly mounted tires, lift drops, battery and chemical injuries
  • Parking lot crashes and pedestrian strikes
  • Cart-and-baby-seat injuries
  • Inadequate-security incidents — assaults, robberies, and shootings in Walmart parking lots

Florida Statute § 768.0755 and Walmart Cases

Most Walmart slip-and-fall cases are governed by Florida Statute § 768.0755, which requires the injured customer to prove Walmart "had actual or constructive knowledge" of the dangerous condition. Constructive knowledge can be shown by evidence that the substance had been on the floor long enough that Walmart should have discovered it through reasonable inspection, or that similar conditions occurred regularly enough to make the hazard foreseeable. The statute makes documentation of the surrounding circumstances — how long was the spill there, what color was the liquid, was there foot-traffic dirt in it — critical to proving the case.

Walmart's Surveillance and Sweep Logs

Every Walmart store is heavily camera-surveilled, including aisle cameras, refrigerator-case cameras, parking-lot cameras, and entrance/exit cameras. Walmart routinely cycles its surveillance video on a 30-day or shorter loop. Walmart also maintains "sweep logs" or "safety sweep" records showing when employees inspected each section of the store. Both categories of evidence are essential to a § 768.0755 case — and both are subject to spoliation if not preserved quickly.

We send a written preservation-of-evidence (spoliation) letter to Walmart's claims department and to the specific store within hours of being retained, demanding preservation of:

  • All surveillance video for the day of the incident, plus 24 hours before and after
  • Sweep logs and inspection records for the area
  • The customer incident report
  • Prior fall and incident reports from the same area within the prior 1–3 years
  • Floor-cleaning and maintenance records
  • Names of all employees on duty in the area

Walmart's Defense Playbook

Walmart's CMI defense team uses several recurring tactics that injured Miami customers should expect:

  • Quick lowball settlement offers, often within days of the incident, before the customer understands the extent of injury
  • Aggressive challenges to causation — claiming the customer's injuries were pre-existing
  • Comparative-negligence arguments — that the customer was distracted, on a phone, or wearing improper footwear
  • "Walmart customers" video and witness statements designed to undermine the customer's account
  • Short-cycle video retention combined with reluctance to preserve all relevant footage

Statute of Limitations

For Walmart accidents occurring on or after March 24, 2023, Florida's statute of limitations on negligence claims is two years from the date of the incident.

If you have been hurt in a Walmart in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin promptly. Call 786-522-1411 or email [email protected] for a free consultation. The faster we send the preservation letter, the more evidence we keep.

Attorney Albert Goodwin

About the Author

Albert Goodwin, Esq. is a licensed attorney with over 18 years of courtroom experience handling personal injury cases. His extensive knowledge and trial experience make him well-qualified to write authoritative articles on a wide range of personal injury topics. He can be reached at 786-522-1411 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

ProPublica Forbes ABC CNBC CBS NBC News Discovery Wall Street Journal NPR

Client Reviews

Verified feedback from our clients

VIEW MORE
American Bar Association Member Badge Avvo Rated Attorney Badge