The Premises Liability Accident Lawyers in Miami at the Perazzo Law Firm have learned that a recent incident at a South Miami-Dade Walmart highlights that dangers inside retail stores are not limited to wet floors or falling merchandise. According to news reports, police arrested a 28-year-old after a Walmart employee reported that a man using a restroom stall noticed a cellphone being held over the partition and allegedly taking photographs. The incident occurred at the Walmart Neighborhood Market on SW 268th Street in Naranja. The suspect was arrested on a video voyeurism charge. The charge remains an allegation, and criminal proceedings are separate from any potential civil claim.
For shoppers, incidents involving criminal activity can raise questions about premises liability and negligent security. However, the occurrence of a crime on commercial property does not automatically make the property owner responsible.
Florida Premises Liability Laws
Florida businesses generally owe customers and other lawful visitors a duty to use reasonable care in maintaining reasonably safe premises and to address or warn about certain dangerous conditions. A June 2026 Florida appellate decision involving Walmart reiterated that businesses owe reasonable care to invitees and that premises-liability claims can involve whether the business had actual or constructive notice of a dangerous condition.
For traditional slip-and-fall accidents involving a liquid or other transitory substance, Florida Statute §768.0755 requires an injured shopper to prove that the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge may be established by showing that the hazard existed long enough that the store should have discovered it or that the condition occurred regularly enough to be foreseeable.
When an injury results from a criminal act committed by another person, Florida Statute §768.0701 also requires the factfinder to consider the fault of everyone who contributed to the injury.
5 Types of Walmart Premises Liability Accidents
1. Slip and Fall Accidents
Spilled drinks, leaking refrigeration units, recently mopped floors, produce, broken containers, and other substances can cause serious falls. Surveillance footage, inspection records, witness statements, and photographs may become important evidence.
2. Falling Merchandise or Shelving
Improperly stacked merchandise, unstable shelves, overloaded racks, or products falling from overhead storage can cause head injuries, fractures, back injuries, and traumatic brain injuries.
3. Protruding Displays and Aisle Hazards
Display racks, pallets, carts, boxes, shelving components, or merchandise extending into walkways can create tripping, collision, or laceration hazards for customers.
4. Violence or Other Criminal Activity
Customers may suffer injuries from assaults, robberies, fights, shootings, sexual misconduct, or other criminal behavior occurring inside a store or in surrounding areas such as entrances and parking lots.
5. Negligent Security
Depending on the circumstances, a premises-liability claim may examine whether reasonably foreseeable security risks were properly addressed. Relevant evidence could include prior incidents, surveillance footage, employee reports, security procedures, lighting, warnings, and how store personnel responded to known problems. Liability always depends on the specific facts and applicable law.
Miami Personal Injury Accident Lawyer for Walmart Shopper Victims
Whether an injury involves a wet floor, falling merchandise, an unsafe display, an assault, or allegations of inadequate security, preserving evidence quickly can make a significant difference.
The Perazzo Law Firm represents individuals injured because of potentially dangerous conditions and negligent security throughout South Florida. A Miami Personal Injury Accident Lawyer for Walmart shopper victims can investigate surveillance footage, incident reports, witness testimony, photographs, maintenance records, and other evidence to determine whether another party may be legally responsible.
If you were injured while shopping at Walmart or another South Florida retail establishment, contact The Perazzo Law Firm for a consultation and an evaluation of your potential premises-liability claim.
This article is for general informational purposes and does not constitute legal advice. Every premises-liability case depends on its individual facts. The criminal allegations discussed above have not been proven in court.