Protecting Your Rights for over 40 years

Walmart Slip and Fall Attorneys

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Over $500 Million in Verdicts & Settlements
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Walmart Slip and Fall Attorneys
Over $500 Million in Verdicts & Settlements

Jack G. Bernstein prides himself on achieving outstanding results for his clients and is personally involved in every case and makes sure you get the maximum compensation for your injuries.

Don’t Take a Tiny Check!​

For over 40 years, Jack Bernstein has protected the rights of injured victims and their families. Don’t let medical bills, lost wages, and other expenses put a burden on your family.

Call (702) 633-3333 today for a free consultation.

Over $500 Million in Verdicts & Settlements

A slip and fall accident at Walmart in Las Vegas creates unique challenges you won’t face with other retailers. Unlike typical stores that use standard insurance companies, Walmart is self-insured and handles claims through Claims Management Inc. (CMI) – a specialized company trained to minimize payouts and deny legitimate claims.

Walmart’s massive legal resources and CMI’s aggressive tactics mean the actions you take in the next few days can determine whether you receive fair compensation or get stuck with mounting medical bills. The standard advice for standard retail slip and fall accidents doesn’t necessarily apply when you’re dealing with the world’s largest retailer and their sophisticated claims defense system.

With 40 years of experience handling personal injury claims, Jack Bernstein understands CMI’s playbook and how to counter their strategies. Walmart counts on injured customers not knowing their rights or the unique procedures involved in these claims. Don’t give them that advantage.

Why Hire Jack Bernstein Injury Lawyers?

Jack Bernstein

Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years.

What Our Clients Say​

I had a fantastic experience with Jack Bernstein injury attorney firm! The team was incredibly smart and supportive, guiding me through every step of my case. Their expertise and dedication made a significant difference in the outcome of my situation. I truly appreciate their assistance and highly recommend their services to anyone in need of a top-notch injury attorney.

– Ashley Sonson

Why Walmart Cases Are Different

Walmart operates under a completely different claims model than other retailers, which dramatically affects how your injury case will be handled. Instead of dealing with a standard insurance company, you’re facing a self-insured corporation with specialized claims handlers trained specifically to defend Walmart’s interests.

Walmart’s Self-Insurance and CMI System

Walmart doesn’t use traditional insurance companies. Instead, they self-insure and contract with Claims Management Inc. (CMI) to handle injury claims. This creates several key differences that work against you:

  • No independent insurance adjuster looking for fair settlements
  • Every dollar paid comes directly from Walmart’s profits
  • Claims decisions made by Walmart employees, not neutral third parties
  • CMI representatives trained specifically in Walmart defense strategies
  • No regulatory oversight like traditional insurance companies face

CMI is not an insurance company – they’re a specialized claims administration company paid by Walmart to protect Walmart’s interests, not yours. They have no obligation to treat you fairly or explain your rights.

The Scale and Resources Walmart Brings

As the world’s largest retailer, Walmart has virtually unlimited resources to defend claims:

  • Experienced legal teams in every major market
  • Relationships with defense-oriented medical experts
  • Sophisticated surveillance and investigation capabilities
  • Financial resources to outlast most injured customers

What this means for you: Without experienced representation, you’re essentially bringing a knife to a gunfight. Walmart counts on customers being overwhelmed by their resources and accepting inadequate settlements just to end the process.

Bottom line: Walmart slip and fall cases require specialized knowledge of their unique claims system. Standard approaches that work with other retailers will likely fail against Walmart’s sophisticated defense strategies.

Immediate Actions After Your Walmart Fall

The first 24-48 hours after your Walmart accident are absolutely critical. Walmart and CMI move fast to control evidence and limit their liability, while hazards get cleaned up and surveillance footage begins its countdown to deletion. Your immediate actions during this narrow window often determine the success or failure of your entire claim.

Document Everything Before Evidence Disappears

Time works against you at Walmart. Their maintenance crews respond quickly to hazards, and once evidence is gone, it’s nearly impossible to recreate what caused your fall.

Take photos immediately of:

  • The exact location where you fell
  • Any liquid, debris, or hazardous condition that caused your accident
  • Your injuries (even if they seem minor)
  • Your clothing and shoes
  • Any warning signs present (or notably absent)
  • The surrounding area and lighting conditions
  • Product displays or merchandise that may have contributed

If you’re too injured to take photos yourself, ask someone to help – a family member, friend, or even a sympathetic witness.

File Incident Report Carefully

Every Walmart will want you to complete an incident report. You should file one, but be extremely careful about what you say.

DO Say DON’T Say
“I slipped on liquid near the produce section” “I think someone spilled something”
“There were no warning signs visible” “I wasn’t watching where I was going”
“I am injured and need medical attention” “I’m fine” or “It’s just a little sore”
“The floor appeared wet” “Maybe I should have been more careful”

Critical steps:

  • Stick to observable facts only
  • Never admit any fault whatsoever
  • Get a copy before you leave the store
  • Note the manager’s name and contact information

Preserve All Critical Evidence

Create a comprehensive evidence preservation plan:

Evidence Type Timeframe Action Required
Surveillance footage 30–60 days before deletion Request immediate preservation in writing
Medical documentation Start within 24 hours Seek treatment and document all symptoms
Witness information Before they leave the scene Get names, phone numbers, what they saw
Physical evidence Before changing clothes Preserve clothing/shoes worn during fall
Scene conditions Before cleanup occurs Photograph everything thoroughly

For surveillance footage specifically:

  • Note the exact time your accident occurred
  • Ask the manager to preserve all footage from that time period
  • Get written confirmation they’ll preserve the footage
  • Follow up in writing within 24 hours

Many Walmart managers will claim they “can’t” preserve footage. Don’t accept this – politely but firmly insist they contact their district manager immediately.

Seek Medical Attention for Hidden Injuries

Get medical attention within 24 hours, even if you feel “okay” initially. Walmart falls often cause delayed-onset injuries:

  • Concussions from hitting displays or floors
  • Soft tissue injuries in neck, back, and shoulders
  • Knee and ankle damage that worsens over time
  • Wrist fractures from trying to break your fall

Document everything with medical professionals who can connect your injuries directly to the Walmart accident. Gaps in medical treatment give CMI powerful ammunition to claim your injuries aren’t serious.

Understanding CMI’s Tactics

When CMI contacts you after your Walmart fall – typically within 24-72 hours – you’re facing a specialized operation designed to minimize what Walmart pays injured customers. Understanding their tactics helps you protect your rights.

How CMI Operates Differently

CMI works exclusively for Walmart with no obligation to treat you fairly. Their success is measured by how much money they save Walmart, not customer satisfaction.

CMI’s rapid response strategy:

  • Contact you before you understand your rights or injury extent
  • Conduct their own scene investigation to support Walmart’s position
  • Interview employees to get statements favorable to Walmart
  • Research your background for anything they can use against you
  • Take photos that minimize the appearance of hazards

The Recorded Statement Trap

CMI will contact you quickly claiming they just want to “get your side of the story” to process your claim faster. This is a trap.

CMI representatives are trained to get you to say things that will hurt your claim through leading questions designed to make you admit fault or downplay your injuries. Once you give a recorded statement, you can’t take it back.

If CMI contacts you:

  • Politely decline to give any recorded statement
  • Tell them you’re seeking legal advice first
  • Don’t discuss details of your accident
  • Don’t accept any settlement offers
  • Get their contact information for your attorney

Early Settlement Offers and Red Flags

CMI often makes quick settlement offers before you understand your case’s true value. These might seem reasonable when facing mounting medical bills, but they’re almost always inadequate.

Why early offers are problematic:

  • Made before you know the full extent of your injuries
  • Don’t account for future medical treatment you may need
  • Include no compensation for ongoing pain and suffering
  • Require you to release Walmart from all future liability

Red flags in CMI offers:

  • Pressure to decide quickly (“This offer expires soon”)
  • Claims this is their “best and final” offer early in the process
  • Requests that you not consult with an attorney
  • Settlement amounts that barely cover current medical bills

Key insight: CMI’s entire process is designed to minimize what Walmart pays you. Every tactic serves Walmart’s interests, not yours.

Proving Your Walmart Slip and Fall Case

Winning a slip and fall case against Walmart requires proving they were negligent in maintaining safe conditions and that their negligence caused your injuries. This involves understanding both the specific hazards common in Walmart stores and the legal standard for proving the company knew or should have known about dangerous conditions.

Common Hazards Specific to Walmart Stores

Walmart’s business model creates unique slip and fall risks due to high customer volume, 24-hour operations, and cost-cutting measures.

High-risk areas include:

Grocery sections:

  • Produce departments with frequent water spray systems
  • Spilled liquids from refrigerated cases and freezers
  • Fallen items from overhead displays and customer handling
  • Meat and deli areas with grease and liquid hazards

Customer service areas:

  • Entrance areas with tracked-in water during weather
  • Restroom areas with frequent spills and wet conditions
  • Garden centers with watering and plant-related moisture

General store areas:

  • Aisles blocked by restocking activities and merchandise
  • Damaged or worn flooring from heavy foot traffic
  • Poor lighting in certain sections
  • Spills from broken products or customer accidents

The “Notice” Requirement – Proving Walmart Knew

Nevada law requires proving Walmart had “notice” of the hazard – meaning they either knew about the dangerous condition or should have known about it through reasonable inspection.

Actual notice means Walmart employees directly knew:

  • Employee witnessed the spill or hazard being created
  • Customers reported the dangerous condition to staff
  • Employees created the hazard through their activities

Constructive notice means Walmart should have known:

  • The hazard existed long enough that regular inspections would have found it
  • Similar incidents occurred in the same location previously
  • The condition was obvious and in a high-traffic area

Evidence that establishes notice:

  • Surveillance footage showing how long hazards existed
  • Employee statements about knowledge of the condition
  • Walmart’s own inspection logs and cleaning schedules
  • Previous incident reports from the same location

Using Walmart’s Own Policies Against Them

Walmart’s corporate safety policies can be your strongest evidence. When the company fails to follow its own established procedures, it demonstrates negligence clearly.

Key policies that matter:

  • Regular floor inspections and cleaning schedules
  • Immediate response to spills and hazards
  • Proper placement of warning signs during cleaning
  • Adequate lighting throughout all store areas
  • Safe merchandise display and restocking procedures

Key point: Walmart’s own safety manuals often contain stronger safety requirements than state law requires. When they fail to meet their own standards, it’s powerful evidence of negligence.

Nevada Law and Critical Deadlines

Nevada’s personal injury laws contain specific requirements that directly impact your Walmart slip and fall case. Understanding these legal principles and deadlines is essential because missing key timeframes can destroy an otherwise valid claim.

Two-Year Statute of Limitations

Nevada gives you 2 years from your accident date to file a lawsuit against Walmart. Missing this deadline means losing your right to compensation entirely – no exceptions, no extensions.

But waiting damages your case because:

  • Witnesses forget critical details or become harder to locate
  • Medical records become less clearly connected to your accident
  • Employee turnover means witnesses may no longer work at Walmart
  • Evidence preservation becomes increasingly difficult

Nevada’s 51% Comparative Negligence Rule

Nevada follows “modified comparative negligence” with a 51% bar rule. If you’re found 51% or more at fault for your accident, you recover nothing. If you’re found partially at fault but less than 51%, your compensation gets reduced by your fault percentage.

How CMI uses this rule against you:

  • Claiming you were distracted by your phone or conversation
  • Arguing you were wearing inappropriate footwear for the conditions
  • Suggesting you ignored obvious hazards or warning signs
  • Pointing to any behavior that could be seen as careless

Example scenario: If you’re awarded $100,000 but found 30% at fault for not paying attention, you receive $70,000. If you’re found 60% at fault, you get nothing.

Common CMI fault-shifting tactics:

  • Questioning why you didn’t see an “obvious” hazard
  • Investigating your medical history for conditions that affect balance
  • Analyzing your movements on surveillance footage for signs of distraction
  • Interviewing witnesses to find statements that suggest partial blame

Critical insight: CMI and Walmart’s legal team are experts at using Nevada’s comparative negligence law to shift blame to customers. Strong evidence preservation in the first few weeks often determines whether you can successfully counter these tactics.

Compensation in Walmart Cases

The value of your Walmart slip and fall case depends on injury severity, how the accident impacts your life, and how effectively you can prove Walmart’s liability. Understanding available compensation helps you evaluate settlement offers and make informed decisions.

Economic Damages: Measurable Financial Losses

Current and future medical expenses:

  • Emergency room visits and hospitalization
  • Doctor visits, specialist consultations, and diagnostic tests
  • Physical therapy and rehabilitation services
  • Prescription medications and medical equipment
  • Transportation costs for medical appointments
  • Ongoing treatment your doctors recommend
  • Potential surgeries or procedures

Lost income and earning capacity:

  • Wages lost during recovery and medical treatment
  • Reduced earning ability if injuries cause permanent limitations
  • Lost overtime, bonuses, or commission opportunities
  • Benefits lost due to time away from work

Non-Economic Damages: Life Impact and Suffering

Physical pain and suffering:

  • Immediate pain from your injuries
  • Ongoing discomfort and chronic pain
  • Pain from medical treatments and procedures
  • Physical limitations that affect daily activities

Emotional and mental impact:

  • Anxiety about falling again or being in similar situations
  • Depression related to lifestyle changes from your injuries
  • Embarrassment or humiliation from the accident
  • Loss of enjoyment of life activities

Factors That Affect Walmart Claim Values

Walmart’s corporate resources mean they can afford to pay fair settlements when liability is clear, but they’ll also spend heavily to defend questionable claims.

Documentation quality matters more with Walmart because CMI has sophisticated methods for challenging evidence. Strong documentation leads to higher settlements; weak evidence results in lowball offers or denials.

Your credibility becomes crucial when dealing with CMI’s aggressive tactics. Consistency in statements, compliance with medical treatment, and appropriate social media behavior all affect claim value.

How Pre-Existing Conditions Are Handled

Having previous injuries or medical conditions doesn’t automatically disqualify your claim, but it complicates the analysis.

CMI will aggressively investigate your medical history to find conditions they can blame for your current symptoms. However, Nevada law recognizes the “eggshell plaintiff” principle – Walmart must take you as they find you, including any pre-existing vulnerabilities.

Strategies for protecting your claim:

  • Be honest about your medical history from the beginning
  • Focus on how the accident changed your condition or symptoms
  • Document new limitations that didn’t exist before your fall
  • Get medical opinions specifically addressing the accident’s impact

Important: Trying to hide pre-existing conditions will destroy your credibility. It’s better to address them directly and focus on how the Walmart accident made things worse.

Why You Need Specialized Walmart Representation

Walmart slip and fall cases present unique challenges that require specific knowledge of the company’s legal strategies, CMI’s tactics, and the resources needed to match Walmart’s sophisticated defense efforts. Generic personal injury experience isn’t enough when facing the world’s largest retailer.

Unique Challenges of Walmart’s Legal Defense

Resource disparity: Walmart can afford to hire multiple law firms, expert witnesses, and investigators for a single case. They view legal expenses as a cost of doing business and will spend heavily to avoid setting precedents for higher settlements.

Specialized defense strategies: Walmart’s legal teams have handled thousands of slip and fall cases and know exactly how to challenge evidence, discredit witnesses, and shift blame to customers.

Corporate policies expertise: Walmart’s lawyers are intimately familiar with company policies and know how to frame policy violations as minor deviations rather than negligence.

Medical expert networks: Walmart maintains relationships with defense-oriented doctors who regularly testify that injuries aren’t as serious as claimed or weren’t caused by store conditions.

Jack Bernstein’s Proven Experience with Walmart Cases

With 40 years of handling personal injury cases, Jack Bernstein understands exactly how CMI operates and has developed proven strategies for countering their tactics.

Specific expertise includes:

  • Knowing which early settlement offers signal CMI recognizes strong liability
  • Understanding CMI’s investigation timeline and preserving evidence before they collect it
  • Recognizing when CMI is stalling versus genuinely negotiating
  • Having relationships with experts who can counter Walmart’s preferred witnesses

Proven strategies:

  • Conducting independent investigations that match or exceed CMI’s efforts
  • Building evidence packages that force CMI to acknowledge liability
  • Using Walmart’s own policies and training materials against them
  • Timing settlement demands to maximize negotiation leverage

Resources and Contingency Fee Benefits

Successful Walmart cases require significant upfront investment in investigation and expert testimony. Most injured customers can’t afford these costs, which is exactly what Walmart counts on.

Jack Bernstein’s approach:

  • Advances all case costs with no upfront payment required
  • Uses the same quality experts that Walmart employs
  • Conducts investigations immediately to preserve critical evidence
  • Works exclusively on contingency – you pay no attorney fees unless your case is successful

How contingency fees work:

  • No upfront attorney fees or consultation costs
  • All case expenses advanced by the law firm
  • Attorney fees only paid from successful settlement or verdict
  • If you don’t recover compensation, you owe nothing for attorney fees

Bottom line: Walmart cases require specialized knowledge, significant resources, and proven experience with CMI’s tactics. Without proper representation, you’re facing a billion-dollar corporation with lawyers using a playbook designed specifically to minimize what they pay injured customers.

Next Steps: Getting Started

Your specific situation determines the urgency of legal action needed. Understanding when immediate attorney involvement is critical helps you make the best decision for your circumstances.

When to Call Immediately vs. When You Can Wait

Contact an attorney immediately if:

  • You’re hospitalized or have serious injuries requiring ongoing medical treatment
  • CMI has already contacted you requesting statements or offering settlements
  • Walmart management was uncooperative during incident reporting
  • You’re being pressured to sign any documents or releases
  • Walmart employees made any admissions about the hazard

You may have time to evaluate if:

  • Your injuries appear minor and you’re recovering normally
  • You have clear photos of the hazard and good documentation
  • No one has contacted you yet about the claim
  • The incident was properly reported and you received cooperative treatment

Remember: Even if you can wait, don’t wait long. CMI moves quickly, and evidence preservation becomes more difficult with each passing day.

What to Bring to Your Free Consultation

Essential documents:

  • All photos from the accident scene
  • Copy of Walmart’s incident report
  • Medical records and bills related to your injuries
  • Contact information for any witnesses
  • Documentation of lost wages or missed work
  • Any correspondence from CMI or Walmart

Information to prepare:

  • Detailed account of exactly how your accident happened
  • Timeline of your medical treatment since the fall
  • Description of how injuries have affected your daily life

How Jack Bernstein Protects Your Rights

Immediate case protection:

  • Sending formal evidence preservation notices to Walmart and CMI
  • Handling all communications with CMI to prevent damaging statements
  • Coordinating with your medical providers to ensure proper documentation
  • Beginning independent investigation while evidence is still fresh

Clear Action Steps

If you haven’t been contacted by CMI yet:

  1. Schedule your free consultation to understand your rights
  2. Continue following all medical treatment recommendations
  3. Document how your injuries affect daily activities
  4. Preserve all documentation related to your accident

If CMI has already contacted you:

  1. Call immediately – time is critical
  2. Don’t provide any additional information to CMI
  3. Don’t accept any settlement offers without legal review
  4. Let your attorney handle all future communications

No upfront costs. No fees unless your case is successful. No obligation to proceed after the consultation.

Walmart and CMI are already working to minimize what they pay you. Don’t face them alone – Jack’s got your back.

Fill out the form and we will contact you immediately.

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