What is a negligent act?
This is usually the result of a Walmart guest making a mess of some sort, such as spilling a liquid and causing another guest to slip and fall. If that is the case, how does Walmart become liable or responsible for the fall? The answer may seem simple on its fact but is in fact very difficult to prove.
Under those circumstances, it must be proven, not only that the substance on the floor was dangerous, but that Walmart either (1) knew or (2) should have known about the injury.
To make things even more difficult, Walmart has adopted a different standard for the upkeep of their stores. They have implemented an “if you see it, report it, and stand by the dangerous condition to warn guests until it is clean” type of standard. This is usually a difficult standard to overcome. Especially because Walmart will remove cases to Federal Court any chance they get in order to avoid the loose discovery standards found in State Court. One of the few ways to circumvent their unique internal maintenance standards is to attack them on other grounds, such as failing to preserve evidence.
You need an experienced Walmart slip and fall attorney.
It is important to remember, however, that Nevada law does NOT require the owner of a property to have absolute knowledge of every possible dangerous condition on every square inch of their property at all times. However, the attorneys at The Injury Firm Las Vegas excel in arguing the reasonableness approach — a legal theory that has been adopted to determine whether a business has acted reasonably in response to maintaining their property for the public (this is usually determined by records that we are able to dig up, including sweep logs, to see how often employees are checking the property for hidden dangers.)