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