A recent South Carolina Court of Appeals decision shows how trial errors can impact personal injury cases. The court reversed a jury verdict in Jones v. Wal-Mart because the plaintiff’s attorney showed improper photographs to the jury. This ruling highlights why proper legal procedures matter in premises liability cases.
What Happened in Jones v. Wal-Mart
April Jones filed a lawsuit against Walmart in 2018. She claimed she stepped on a nail inside a store in 2015. The injury eventually led to an above-the-knee amputation. A jury awarded her damages, but Walmart appealed the verdict.
The case took an unusual turn when Jones’s legal team visited the same Walmart store in 2019. They took photos and video without following the proper discovery rules. The group was seen with gloves and a hammer. Their photos showed nails in wooden pallets and broken pallets on the sales floor.
Why the Evidence Became a Problem
Before trial, the court ruled that some photographs were inadmissible. The photos were taken four years after the alleged injury. They did not prove the store conditions were the same on the day Jones was hurt. In fact, video from the day of the incident showed the floor was clean.
Under South Carolina Rules of Evidence Rule 401, evidence must be relevant. This means it must make a fact in the case more or less likely. Photos from four years later did not prove what conditions existed on the day of injury.
Additionally, Rule 403 allows courts to exclude evidence when its prejudicial effect outweighs its value. The court found these photos were clearly prejudicial and misleading.
The Critical Mistake During Opening Arguments
During opening arguments, Jones’s counsel showed all the photos to the jury. This included the photos the court had already ruled inadmissible. Walmart immediately objected. The trial court sustained the objection. However, the judge refused to give the jury a curative instruction.
A curative instruction tells jurors to disregard improper evidence. According to legal standards for jury instructions, these instructions help correct errors before they affect a verdict. Without one, the jury could consider the improper photos when deciding the case.
Why the Court Reversed the Verdict
The Court of Appeals found multiple errors. First, showing inadmissible photos to the jury was improper. Second, the trial court should have given a curative instruction when Walmart requested one.
The court noted that the photos served no purpose other than to mislead the jury. Without proper instructions, jurors could give the photos whatever weight they wanted. This was unfair to Walmart and required a new trial.
What This Means for South Carolina Premises Liability Cases
This case teaches several important lessons for anyone injured on someone else’s property. Evidence must directly relate to your injury. Photos or videos taken years later may not be admissible. The conditions at the time of your accident are what matter most.
Timing is critical in South Carolina premises liability cases. You should document the scene as soon as possible after an injury. Fresh evidence is more likely to be relevant and admissible in court.
Proper legal procedures also matter greatly. Following discovery rules and evidence requirements protects your case. An experienced attorney knows how to gather and present evidence correctly.
Protecting Your Rights After a Store Injury
Store owners in South Carolina must keep their premises reasonably safe. When they fail in this duty, they can be held liable for injuries. However, winning a premises liability case requires solid evidence and proper legal strategy.
If you are injured in a store or on someone else’s property, take these steps immediately. Report the incident to store management and get a copy of the incident report. Take photos of the hazard and your injuries right away. Get contact information from any witnesses. Seek medical attention promptly and keep all records.
Get Help With Your Premises Liability Claim
The Jones v. Wal-Mart case shows why you need an experienced attorney for your injury claim. Proper evidence handling and legal strategy can make the difference between winning and losing your case.
At Klok Law Firm LLC, we help accident victims throughout South Carolina understand their legal rights. We know how to properly gather evidence and present your case effectively. If you were injured due to unsafe conditions on someone else’s property, we can help you pursue the compensation you deserve.
Contact Klok Law Firm LLC today at 843-701-1695 for a consultation about your premises liability case. You can also email us at rklok@kloklaw.com. Let us put our experience to work for you.
Case Reference: Jones v. Wal-Mart Stores, Inc., Opinion No. 6125, South Carolina Court of Appeals (November 26, 2025)