Quick answer
An inspection log can identify a witness, a route through the store or a recorded spill. Start there. Then find out what the employee actually did and what the recorded time means. In Texas, a missed inspection is not enough to prove constructive notice: there must still be evidence of how long the hazard existed.
A record says “inspection completed.” The customer says the floor was wet. Those statements may conflict, or they may describe different places and times. Reading the record is only the beginning.
This article explains the questions to ask about an inspection entry. For the other proof needed in a claim, return to the Walmart knowledge hub.
What did the entry record?
Start with the terminology used by the system at that store. An entry time could mean a task was opened, completed, submitted or edited. An employee name might identify the person assigned to a task rather than establish every action that person performed. These are possibilities to investigate, not statements about Walmart's software.
Ask for an explanation from someone who understands the record. Where appropriate, underlying data, field definitions or an audit history may answer questions a printout leaves open. Determine whether a record can be changed after the event and whether any relevant changes can be identified.
Next, locate the inspection. “Grocery” may cover a large area. A record needs to be connected to the particular floor condition that caused the fall. A check of another aisle may have little to say about it.
Why a missed sweep does not establish spill duration
In Nicholson v. Wal-Mart Stores Texas, LLC, No. 05-21-00110-CV (Tex. App.—Dallas Sept. 7, 2022), the Dallas court addressed the gap between evidence of a safety-sweep policy and evidence of constructive notice. Failing to follow an inspection policy did not supply the missing proof of how long the condition had existed.
An hour without an inspection could contain a spill that lasted fifty minutes or one that lasted ten seconds. Look for someone who saw it earlier, or for footage that shows it.
Compare the inspection with the camera view
Follow the employee’s route in the recording. Does it cross the spot where the customer fell? Can you see the floor there? A passing employee may or may not be inspecting it, and a blind spot prevents the camera from resolving the question.
Before comparing times, check whether the camera clock matches the inspection system. Record any unresolved difference in the combined timeline.
The record may concern knowledge or response
A recorded spill report or cleanup task may lead to evidence of actual knowledge. Determine when the relevant employee learned of the condition, not merely when someone later closed a task.
For constructive notice, connect the inspection to the particular hazard and the time available to discover it. The inspection entry alone may leave both matters unresolved.
Keep a copy that nobody has edited
Add relevant inspection material to the preservation request. Identify the store, area and dates. If a timestamp is disputed, counsel can request the underlying data or an explanation of that field.
Keep the files and covering correspondence as received. Filter or annotate a separate copy for review. Do not assume that all stores use the same system or retain records for the same period.
For the broader litigation process, read How to Litigate a Walmart Injury Case in Texas.
Discuss a Texas Walmart injury claim
Contact The Law Firm of Aaron A. Herbert, P.C., at (214) 200-4878 or request a consultation. Free consultation. No fees or expenses unless you recover.
This is general information about Texas law, not advice for a particular case. Reading it does not create an attorney-client relationship. Deadlines, available evidence and the applicable legal duties depend on the facts.
Aaron A. Herbert
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law”. He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients. Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as a the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client. Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Education
Texas A&M University (B.S. Criminal Justice, 1999)
University of Oklahoma College of Law (J.D., 2002)
Professional Associations
Licensed to practice in Texas (2002)
Board Certified in Personal Injury Trial Law – Texas Board of Legal Specialization (2008)
Member
State Bar of Texas
American Bar Association
American Trial Lawyer Association
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Dallas County Bar Association
Tarrant County Bar Association
Million Dollar Advocates Forum
Nation Trial Lawyers – Top 100 Trial Lawyers
Publications
Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009