It happens in an instant. One second, you’re strolling through the aisles of Walmart, and the next, you’re flat on the floor—pain radiating, heart pounding, and questions racing through your mind. Was there a warning sign? Was someone negligent?
Slip and fall accidents in big-box stores like Walmart are more common than you’d think. And while some lead to minor bruises, others result in serious injuries that disrupt your life entirely. If you’re hurt, knowing your rights and what steps to take is crucial, especially when you’re up against a retail giant.
This is where legal help for store injuries can make all the difference. Walmart’s response after your accident might not be what you expect, and without proper guidance, you could unknowingly hurt your chances of fair compensation.
Here’s what you need to know about how Walmart typically handles these situations, what you should expect, and how to protect your rights from the very beginning.
What Really Happens After a Slip and Fall at Walmart
1. A Store Manager or Employee May approach you
An employee or manager will likely approach you immediately after a slip and fall in a Walmart store. They might ask what happened, check if you’re injured, and gather basic information. This might seem helpful, but it’s also the start of documentation for Walmart’s internal incident report.
Walmart employees are trained to collect details that could protect the company. They may ask you to describe the incident, identify witnesses, or even sign a statement. Be cautious about what you say. Admitting fault, even unintentionally, could be used against you later.
2. An Incident Report Will Be Filed—But You Might Not Get a Copy
Walmart’s internal policy requires managers to complete an incident report after any customer injury. This report includes details like the time and location of the fall, witness names, camera footage, and employee observations. However, this document is not automatically shared with you.
While you’re legally entitled to request relevant evidence during a personal injury claim, you may not get immediate access to the report. In most cases, your attorney will have to subpoena it or request it during the discovery phase if a lawsuit is filed.
3. Surveillance Footage May Be Reviewed—But Not Voluntarily Shared
Most Walmart stores are equipped with surveillance cameras throughout the premises. If your fall occurred in a monitored area, it’s very likely that footage exists. This video can be crucial in proving the conditions that caused your accident.
However, Walmart typically will not release surveillance footage unless legally compelled to. Under discovery rules in civil litigation, you have the right to request this footage. In many states, such as Texas and California, spoliation laws prevent parties from intentionally destroying relevant evidence once they know a legal claim is likely.
If Walmart deletes the footage after being notified of your claim, it could face sanctions in court.
4. Walmart’s Insurance and Claims Management Will Get Involved
Walmart uses a third-party company—often Claims Management, Inc. (CMI), a wholly owned Walmart subsidiary—to handle injury claims. Shortly after your accident, a representative from CMI may contact you. They might appear friendly and concerned, but their primary goal is to protect Walmart’s financial interests.
The representative may ask you for a recorded statement or offer a quick settlement. You are not legally required to give a recorded statement, and doing so could harm your case. Be wary of any early settlement offers, especially before you fully understand the extent of your injuries.
5. You Will Have to Prove Negligence
To hold Walmart legally responsible, you must prove that the store was negligent. According to premises liability law, property owners owe a duty of care to keep their premises reasonably safe for customers. This includes promptly cleaning spills, fixing hazards, and providing warnings when necessary.
Under most state laws, including Florida Statutes § 768.0755, a business can only be held liable for a slip and fall if the injured party can prove that the business had actual or constructive knowledge of the dangerous condition and failed to take appropriate action. Constructive knowledge means the hazard existed long enough that Walmart should have known about it.
Evidence like witness testimony, surveillance footage, maintenance records, and incident reports can all help establish negligence.
6. The Burden of Documentation Will Be on You
From the moment you’re injured, you should begin documenting everything. This includes photos of the scene, your clothing, visible injuries, and the surrounding area. If possible, identify and speak with any witnesses. Make a note of what was said by employees or managers.
Medical documentation is equally important. Even if your injuries feel minor at first, always seek medical attention. Not only is this essential for your health, but it also creates a formal record of your injuries and ties them to the incident.
7. Walmart May Attempt to Shift Blame
In many slip and fall claims, large retailers like Walmart may argue that the injured person was partially or entirely at fault. They may claim you weren’t watching where you were going, that the hazard was “open and obvious,” or that you ignored posted warning signs.
Some states follow comparative negligence rules, such as California’s pure comparative fault system under Civil Code § 1431.2, which allows damages to be reduced based on your percentage of fault. Other states, like North Carolina, follow contributory negligence rules—where being even 1% at fault could bar recovery entirely.
Understanding your state’s liability rules is crucial to evaluating your case.
8. The Legal Process Can Be Slow and Complex
If negotiations don’t lead to a fair settlement, you may need to file a personal injury lawsuit. This process can take months or even years, depending on the complexity of your case and how cooperative Walmart is with discovery and depositions.
During this time, your legal team will collect evidence, depose witnesses, request internal Walmart documents, and possibly go to trial. Walmart has significant legal resources and experienced defense attorneys, so having your own representation is critical to leveling the playing field.
Final Thoughts
Walmart is not likely to make the slip and fall claims process easy. From gathering evidence to dealing with corporate claims handlers, every step is designed to protect the company—not you. Being informed and prepared can make a significant difference in the outcome of your case.
