Quick answer
Ask for more than the few seconds showing the fall. The earlier recording may show a spill, an inspection or an employee hearing a complaint. Give the store address, date, approximate time and precise location. Counsel can then choose the cameras and time window that fit the disputed facts. Also ask how to read the files and check their clocks. Asking Walmart to retain footage does not require it to release a copy immediately.
The camera aimed at the place where someone fell is an obvious starting point. It may not be the only useful camera. A shelf can hide the floor from that view while another camera shows an employee carrying cleanup supplies toward it.
Before sending a request, identify what the case needs to establish. The Walmart knowledge hub explains the liability questions. The recording request should follow those questions, rather than ask only for “the accident video.”
Describe the location so a custodian can find it
Include the store address, incident date, approximate time and a description of the area. A store number, receipt or incident number may help. If the time is an estimate, say so and explain its basis.
The camera over the accident site may miss a useful event elsewhere. For example, footage of the service desk might show a customer reporting the water. Identify that event when asking for the additional view.
Choose the time window for the issue
For constructive notice, earlier footage may be more useful than repeated views of the fall. It may show the last dry-floor observation, the first appearance of liquid or an inspection.
For actual notice, the relevant sequence may begin with a conversation or an employee's reaction. For a warning dispute, it may begin when someone retrieves and places a cone. Keep pre-fall and post-fall events separate.
There is no single number of minutes appropriate for every request. Counsel should consider the known events, available retention information and the disputed issues. If later evidence reveals an earlier relevant event, the original request may need to be supplemented.
Ask what is needed to review the footage properly
If the supplied file is a phone video of a monitor, ask for the underlying footage. The phone may have missed the screen edges or skipped part of the playback. Ask for any player needed to open the original format.
Save the delivered files and their covering message. Find out where each camera was and whether the timestamp came from the source or was added on export.
Do not assume the camera time is correct to the second. It may be correct, but that should be established before comparing it with a phone call, receipt or inspection entry.
What if Walmart supplies only a short clip?
First, preserve that clip. Note its start and end times and whether it answers the question for which it was requested. Then ask what was recorded outside the clip, who selected it and what remains available.
The difference between a short export and a short source recording matters. A custodian may have saved a few minutes from a longer recording. Or the available recording may itself contain gaps. Neither should be assumed from the delivered clip alone.
Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), concerned, among other things, a retained clip and lost surrounding footage. It explains the Texas spoliation framework, not a rule that every shortened production establishes wrongdoing. If material is missing, investigate the preservation duty, the loss and the resulting prejudice.
When Walmart declines to send a copy
Retained footage may still be withheld from an informal request. Obtaining it can require discovery, with counsel addressing any objections and privacy protections.
Keep the two statuses separate in the file: requested for preservation, and received for review. If there is no response, record that. Do not write “destroyed” merely because a copy has not arrived.
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
