If you slipped on a spill, tripped over something left in an aisle, or were hit by merchandise at a Walmart or Sam’s Club in South Florida, the store does not owe you money just because you were hurt there. For a slip on a spill or other substance on the floor, Florida law requires you to prove the store knew, or should have known, about it and should have taken action to fix it. Much of the evidence on that question (store video, the incident report, what employees saw) is in the store’s hands, so the first days matter.
Questions about your case? Call (305) 257-9464 for a free consultation. You pay no attorney fee unless we recover money for you.
I have represented injured people in South Florida since 2014. Here is what a Walmart fall claim requires, what to do now, and who pays your medical bills in the meantime.
What you have to prove after a slip and fall at Walmart
A spill or object on the floor is what Florida law calls a “transitory foreign substance.” The Florida Supreme Court has described it as any liquid or solid substance, item or object located where it does not belong: spilled water, a crushed grape, a loose hanger, a piece of packaging.
Under § 768.0755, Florida Statutes, when you slip on a transitory foreign substance in a business, you must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to fix it.
- Actual knowledge means the store knew. For example, an employee saw the spill, or someone reported it, and nobody cleaned it up or blocked it off.
- Constructive knowledge means the store should have known. The statute allows two ways to show it with circumstantial evidence: the condition existed long enough that the store, using ordinary care, should have found it, or the condition happened regularly and was therefore foreseeable.
Footprints or cart tracks through a puddle, or a liquid that has started to dry, can show it was there for a while. A cooler that keeps leaking, or a roof that leaks every time it rains, can show the problem was regular and foreseeable.
What that proof looked like in one Walmart case
In Torres v. Wal-Mart Stores East, L.P., a 2021 decision of the federal court for the Southern District of Florida, a customer slipped on water in a freezer aisle while pushing a shopping cart. Photos showed cart track marks, what appeared to be another shopper’s footprint, and water that was drying. Store video showed an employee walking through the aisle about eight minutes before the fall without looking down at the floor. An assistant manager testified that the roof leaked when it rained, and it had rained that day.
The judge ruled that a reasonable jury could find Walmart had constructive notice of the water and denied Walmart’s request to end the case without a trial. That ruling did not decide who would win. It meant a jury could weigh the customer’s evidence. Every case turns on its own facts, but Torres shows the evidence that matters: photos taken right away, video, and what employees knew.
Falling merchandise, shopping carts and other store hazards
Not every Walmart injury is a slip on a spill. People are hurt when merchandise falls from a high shelf, when a display tips over, when a box is left in the aisle during restocking, or by a shopping cart with a broken wheel.
The knowledge requirement in § 768.0755 is written specifically for transitory foreign substances. The same statute says it does not affect any common-law duty of care owed by a business that possesses or controls the premises. The Florida Supreme Court has described that duty as using reasonable care to maintain the premises in a safe condition. Which rules apply to a falling-merchandise, display or trip case depends on the facts, so photograph the shelf or display, what fell, and how the shelf was stocked. Read more about premises liability and slip and fall claims.
Injuries in a Walmart parking lot
If a car hits you in the parking lot, it is a motor vehicle claim, and Florida’s no-fault rules apply. If you own a car that must carry Personal Injury Protection (PIP), your own PIP covers you even though you were on foot (§ 627.736(4)(e)). If you are a Florida resident who does not own such a car and has no PIP through a relative you live with, the striking car’s PIP can cover you. A visitor from out of state who is hit on foot does not get PIP from the striking car.
A trip over a broken curb, a pothole or a wheel stop is different. That is a premises claim, and part of the job is finding out who controls the area where you fell.
Falls at Sam’s Club
Walmart’s corporate site describes Sam’s Club as a division of Walmart Inc. A fall at a Sam’s Club falls under the same Florida rules described above. In a lawsuit, the company named for a Florida store may be a Walmart affiliate rather than Walmart Inc. itself. In Torres, for example, the defendant was Wal-Mart Stores East, L.P. Naming the right company is part of protecting the claim.
What to do after a fall at Walmart
- Report it before you leave. Tell a manager what happened and ask that a report be made. Write down the manager’s name.
- Photograph the floor and the area. Get close-ups of the substance (tracks, footprints, dirt, drying edges) and wider shots showing where it was, any warning cones or the lack of them, and the shelf or display involved.
- Get witness names and phone numbers before other shoppers leave.
- Keep your receipt or note the time. It helps match your visit to store video.
- Keep the shoes and clothes you wore, unwashed and unrepaired.
- See a doctor promptly, and tell the doctor you fell. Read more about spine injuries and brain injuries.
- Talk to a lawyer before you give a recorded statement to anyone calling on behalf of the store or its insurer, and before you sign anything they send.
Video and records are in the store’s control, so we ask the store in writing, early, to preserve them.
Who pays your medical bills after a fall in a store
There is no PIP for a fall inside a store. PIP covers injuries arising out of the ownership, maintenance or use of a motor vehicle (§ 627.736(1)). That generally leaves your own health coverage (private insurance, Medicare or Medicaid) to pay for treatment while the claim is pending. Those payers can have a right to be repaid from a recovery: Medicaid has an automatic lien for what it paid (§ 409.910), and Medicare recovers its conditional payments from a settlement, judgment or award (42 U.S.C. § 1395y(b)). If you have no health insurance, we explain your options for getting care. See who will pay my medical bills after a personal injury.
Your share of fault and the deadline
The store may argue that you should have seen the hazard. Under Florida’s modified comparative fault rule, your recovery is reduced by your percentage of fault, and if you are found more than 50% at fault you recover nothing (§ 768.81(2), (6)). For example, if a jury found you 20% at fault for not watching the floor, your damages would be reduced by 20%. Read more about how liability is decided.
For a fall that happened after March 24, 2023, the deadline to file a negligence lawsuit is generally two years (§ 95.11(5)(a)). Falls on or before that date had a four-year deadline, so some older claims stay open until early 2027. Exceptions can change the deadline, so do not wait to ask.
Walmart stores near our North Miami Beach office
Walmart’s store locator lists Supercenters at 1425 NE 163rd Street in North Miami Beach, 17650 NW 2nd Avenue in Miami Gardens, and 2551 E Hallandale Beach Boulevard in Hallandale Beach. If you were hurt at one of these or another Walmart or Sam’s Club in Miami-Dade or Broward, you can meet with us at our North Miami Beach office at 17295 NE 19th Ave.
For falls at other stores, see our pages on supermarket injuries, Publix injuries, Winn-Dixie injuries and Home Depot accidents.
Walmart injury FAQ
Does Walmart have to pay if I fell in one of its stores?
Not automatically. For a slip on a spill or other substance, you must prove the store had actual or constructive knowledge of the condition and should have fixed it (§ 768.0755). Your own share of fault can reduce or bar a recovery.
Should I talk to the store’s insurer or claims representative?
You can give them your name and contact information. Talk to a lawyer before you give a recorded statement or sign a medical authorization or release, because what you say and sign may be used to dispute the claim.
How long do I have to bring a claim?
For falls after March 24, 2023, generally two years from the fall to file a lawsuit. Older claims had four years. Exceptions exist, and evidence is easier to preserve early.
Does my case have to go to court?
Not necessarily. Whether to file suit is your decision, made after we explain the options.
Talk to us about your Walmart injury
If you were hurt at a Walmart or Sam’s Club, call our North Miami Beach office at (305) 257-9464 for a free consultation.
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