Quick answer
Start with three events: the last reliable view of a dry floor, the first sighting of the spill and the fall. There may be no evidence for the first event. Record that limitation. Add inspection entries and witness observations only after checking what their times mean and whether the clocks match the recording.
A video timestamp and an inspection timestamp look alike on a page. That does not mean they measure the same thing. One may mark a camera frame; the other may mark a task submitted several minutes after it was performed.
Can someone else find the same event?
A useful entry might read: “Camera A, file 004, playback 12:18 — employee enters aisle.” The file and playback position let counsel check your observation. A witness entry instead needs a name and the date you spoke. Keep the source files, including delivery messages, untouched. For the underlying liability questions, see the Walmart knowledge hub.
Which clock is right?
Suppose Camera A records a customer's entry at 3:07. Camera B calls it 3:09. Verify that both show the same visit before treating the difference as a two-minute offset. Your working chronology can then have two time columns: the original display and the adjusted time, with a note explaining the correction.
Without a shared event, ask whoever maintains the system about its clock. Until that discrepancy is resolved, you cannot confidently place a 3:08 inspection entry between those two camera times.
A blocked camera: an example
- 3:02 on Camera A: a cart blocks the floor.
- 3:05 in the inspection log: a task is marked complete.
- 3:07 on Camera A: the cart moves away and liquid is visible.
This example does not prove that an inspection occurred two minutes before the liquid became visible. We have not verified the log’s clock, or whether its time records an inspection at all.
The spill could have happened within a window
A dry floor at 3:00 and a puddle at 3:07 leave seven minutes unaccounted for. The spill could have happened at 3:01 or at 3:06. Calling it a “seven-minute-old spill” would overstate that evidence. Another view or an earlier witness observation may narrow the range.
For constructive notice, the time before the accident matters. Spates, 186 S.W.3d 566 (Tex. 2006), considers duration together with proximity and conspicuity.
Keep both accounts when they conflict
When an interview and a recording disagree, check for a second visit, a second employee or a missing camera view. Save the witness’s words without rewriting them to match the footage. An unresolved conflict, including one involving inspection records, belongs in the lawyer’s review file.
Use the gaps to ask a specific question
A blocked aisle view calls for an adjoining camera. A task timestamp with no explanation calls for the field definition or testimony from its author. If the needed material has disappeared, investigate the loss under the Texas spoliation rules.
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