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.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
