The question is always when it happened
Under Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, a store is liable when a dangerous condition existed long enough that a reasonable inspection would have discovered it, or when its own employees created the condition. A minute-old spill from a customer is a defense. A spill that sat through two aisle walks is not. Cameras in the main aisles, at the entrances and over the cart area frequently settle that question, which is why preservation is the first thing we do.
Records worth demanding
- Customer incident report and the store manager's notes
- Floor care and safety sweep documentation for the department and the hour
- Maintenance work orders for the area: leaking cases, roof leaks, broken tile, standing water
- Camera footage of the aisle, the entrance and the approach
- Staffing schedules for the shift
- Prior incident and claim history for the same spot
Defenses to expect
Walmart's file will usually argue that the hazard was open and obvious, that the store had a reasonable inspection program, that the substance had been there only moments, and that the customer was distracted. Some of those arguments are legitimate and some are not; all of them depend on records the store controls. The open-and-obvious point is weakest where the hazard was a clear liquid on light-colored tile, which is exactly the condition that hides in plain sight.
If the fall just happened
- Stay where you fell until someone documents the substance; ask for a photograph to be taken
- Note the aisle and department number and the nearest cross-aisle
- Keep the receipt for the time stamp
- Get names of any associates who responded and any customers who saw it
- Photograph the floor and the sole of your shoe before you leave
- Do not describe your injuries to an investigator or sign a medical authorization for the store
Deadlines
California gives an injured person two years from the date of the fall to file suit (Code Civ. Proc. § 335.1). That is the outside date, not a plan. Video, sweep logs and witness memories all degrade faster than the statute runs.
Common questions
Walmart says the store was busy and they clean constantly. Is that enough?
Only if the records support it. "Constant cleaning" is a conclusion; the safe-floor log, the department walk sheet and the staffing grid are evidence. We ask for all three.
Can I get the video myself?
Usually not directly. A preservation letter and, if necessary, a subpoena or a court order are how it is obtained. The letter has to go out before the overwrite cycle runs.
What if I fell in the parking lot?
The same negligence framework applies to the lot, with two additions: ownership of the lot may be Walmart or a landlord, and the condition may be a pothole, a cart corral, a curb or oil rather than a spill. We check the property records before filing.
Do these cases go to trial?
Most resolve before trial. The ones that do not are usually about notice, and they are won or lost on the store's own records.