Can you Sue Walmart after a Slip and Fall?
The short answer: Yes. If you’ve been hurt in a slip and fall at a Walmart, you have the right to file a personal injury claim against the company.
The seasoned legal team at Liga De Justicia Injury Lawyers is here to help guide you every step of the way.
Walmart slip and fall accidents happen more often than people realize. Spilled liquids, fallen merchandise, uneven flooring, and other trip hazards are common in large retail stores.
Now multiply that risk by the number of Walmarts across Long Island alone — Valley Stream, Westbury, Farmingdale, Commack, Islandia, Yaphank, Riverhead, and others — and the chances of someone getting hurt increase quickly.
How Do These Slip & Fall Accidents Happen at a Walmart?
It is very important to understand how your accident happened.
Maybe you tripped over something in your path, twisted your ankle reaching for support to prevent your fall, or were unlucky enough to bump into a hazardous condition you couldn’t avoid.
Make sure you identify what caused your fall. This is the first step in figuring out who or what was responsible for your slip and fall.
Here are some of the most common causes of Walmart slip and fall accidents:
In This Article:
- Puddles or slippery substances: water, shampoo, or cleaning products that even when dry leave behind a dangerous surface that employees did not dry or clean up.
- Fallen merchandise.
- Dangerous obstacles blocking your path: ladders, storage equipment, or shelves.
- Food remains on the floor.
- A Walmart employee hit or pushed you with a cart or another object.
- Oil spills or pallets on the floors of the gardening and machinery sections.
- Food court hazards happen around fast food counters like McDonald’s or Starbucks inside the Walmart.
🩼🚑 Injured at a Walmart? Our premise liability lawyers have successfully helped victims of slip and fall accidents get compensation for their injuries. Call Today. Request your free, no-obligation consultation with our New York Slip & Fall Attorneys.
What Safety Steps Should Walmart Take — and What Happens When They Don’t?
Who’s Responsible for Safety Inside a Walmart?
Walmart employees are responsible to keep the premises safe for their customers, vendors, and other workers. If they don’t comply, they expose Walmart to increased liability.
Walmart Safety 101: What Employees Are Supposed to Watch For 🫵
Employees must:
- identify hazards, and
- clean or remove them, or
- warn passersby through clear, proper signage when a danger can’t be fixed right away so they can avoid the area and prevent accidents
- all within a reasonable time from the moment they should have noticed the dangerous condition.
Here are some of the key areas Walmart employees must actively monitor and maintain:
✔︎ Store entrance: In the winter months, these areas can easily become slip hazards if neglected.
✔︎ Sidewalks: Walmart employees have an obligation to keep the store sidewalks free of snow, ice or other hazards.
✔︎ Roofs: Walmart’s roofs can collect snow and ice, which can fall on the sidewalk or on consumers when walking by.
✔︎ Aisles: Liquids, products, or debris often end up on supermarket floors. Employees must monitor aisles regularly, make sure there are no products precariously edged on shelves, and clean them, or place proper warning signs when needed to avoid mishaps and accidents.
✔︎ Bathrooms: Like the hallways, restrooms must be kept free of hazardous or slippery conditions.
✔︎ Parking lots: Walmart must warn customers about hidden dangers in this area.
And the list goes on.
🚨 Think your injury was Walmart’s fault?
Our personal injury lawyers can help you obtain the compensation you deserve.
Speak with a New York Personal Injury Attorney Today
How to File a Slip & Fall Claim Against Walmart – And How To Protect Your Case
The hardest part to prove in premise liability cases is that your slip and fall was caused by the store’s negligence or by Walmart’s failure to meet its responsibilities towards you – and not by your own careless actions.
Why? Because Walmart will try to argue that most of the fault was yours. In legal terms, they’ll claim you were the negligent one.
Depending on your jurisdiction, if it is determined that your actions played an equal or greater role in the accident than Walmart, you may not receive a single dollar.
In New York, your compensation may be reduced in proportion to the amount of negligence the jury assigns to you. You may not have been to blame at all, but that won’t stop Walmart from raising the argument.
Consequently, the more evidence you have of Walmart’s negligence, the greater your chance of winning the case. Take photos of the area, gather witness information, document the lack of warning signs. Collect everything you can. 👈
⚠️ NEVER admit fault without first consulting your lawyer.
Our slip and fall accident attorneys have four decades of experience successfully defending the rights of injured victims. Call now.
Walmart (or CMI) is Calling Me and They “Want to Help”
After the accident, Walmart will most likely try to contact you. They have a company called Claims Management, Inc. (CMI), which handles their personal injury claims exclusively. Imagine owning a company dedicated entirely to this type of demand and to reducing what Walmart has to pay you!
If they call you from CMI, don’t be intimidated, especially if they mention your immigration status.
Don’t believe for a second that they are trying to help you. They are recording your words to use against you.
They may claim they will take care of your medical expenses. Lies!
Walmart’s CMI adjusters are trained to reduce claims — not to help injured shoppers.
When they call: Say nothing, make no statements, and contact a personal injury lawyer that specializes in New York premise liability law.
Walmart is one of the largest, most resourceful, and most difficult companies to sue. But beating them is not impossible. Since the 2003 case of Lanier v. Walmart Stores, Inc., the number of cases in which they must negotiate or lose has increased.
Personal injury lawyers know how to evaluate your case and determine its value. But most importantly, we know how to win lawsuits against Walmart.
🤨 Walmart Trip and Fall Accidents: Frequently Asked Questions
Average Walmart settlements in New York for a slip and fall claim typically ranges in the $10,000 to $70,000.
When the injuries are catastrophic or there’s strong evidence of liability, settlements could reach a million or more. Every case is different.
Yes, they do, but rarely without a fight. They will challenge claims aggressively.
Based on past cases, some New York Walmart claims have settled in a matter of weeks. In other cases, they have taken several months or even longer.
Answering this question can be difficult, since “acceptable” is a personal appreciation. We thought sharing a case where our client thought the offer was acceptable would be more illustrative.
About a year ago at a Long Island Walmart, a woman didn’t notice a puddle formed by a roof leak after a strong storm. She slipped and fell, suffering a carpal bone fracture, a knee contusion, and a mild concussion. The accident made her miss two months of work, most of them without pay. While Medicare insurance covered most of her medical expenses, she still had to pay for some out of pocket.
After intense negotiations, Walmart offered to cover all medical bills plus $30,000 in lost wages and pain and suffering. An amount far higher than what she would have earned in that time period.
When you file an incident report at Walmart, the store documents the basic facts of the accident:
• What happened,
• where it happened, and
• who was involved.
A manager or employee will usually write it up and may ask you questions about the incident. You are not required to give detailed statements, accept blame, or speculate about what happened.
➤ Be concise and factual; do not become emotional, as it can play against you.
➤ Ask to be taken to the nearest hospital to have your injuries checked.
The incident report itself is NOT an admission of fault. It’s just documentation. Walmart often uses it later to argue you were partly or fully responsible.
⚠️ For your protection:
Report the accident, request a copy, seek medical care, gather your own evidence, and contact one of our New York or Long Island slip and fall attorneys before speaking with Walmart’s insurance company.
🏥 Walmart Slip and Fall Victim? We Can Help You Get Compensation
➤ If you are considering filing a lawsuit, call the Liga De Justicia Injury Lawyers for a free consultation. We’ll evaluate your injuries and your Walmart accident case.
Experienced Trial Attorneys Handle Your Case 💪
At Liga De Justicia Injury Lawyers, we ensure your case is never delegated to junior, inexperienced staff. Our legal team is comprised of seasoned trial attorneys and partners who bring extensive courtroom experience and a personalized strategy to your fight for justice.
✅ If We Don’t Win, You Don’t Pay a Dime
✅ More than $700,000,000 won
✅ We speak Spanish and English
✅ FREE Consultation
✅ No matter your immigration status
⚖️ We are here to hold insurance companies accountable when people get hurt.
⚖️ Let us help you — just ask.
📍Serving: Clients across New York City and Long Island, including neighborhoods and towns such as Islip, Hempstead, Brentwood, Hauppauge, Riverhead, Sag Harbor, Hampton Bays, Jackson Heights, Jamaica, and the counties of Suffolk, Nassau, Kings, Queens, Bronx, and New York (Manhattan).
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The content of this article should not be interpreted as legal advice.
