December 16, 2022
If you suffer a slip and fall accident in a commercial establishment such as a retail shop or grocery store, do you have a case to sue them? It depends on the circumstances, but businesses are responsible for keeping their customers safe from unreasonably dangerous conditions. Slip and fall accidents can be complex legal claims - accident victims are well-advised to work with an experienced and competent Texas premises law firm.
The identity of the defendant in an in-store slip and fall accident is not as straightforward as it might seem. It might seem clear if the store owns the property on which it sits. In most cases, however, the store leases its space from a property owner who might not even live nearby. Although you might sue an employee, an employee probably cannot afford to pay for the out-of-pocket expense and pain and suffering you sustained as a result of your slip and fall incident. In cases involving severe injuries, the financial impact can be devastating.
If the landowner leased the premises to the store, you have two possible defendants. How do you choose between them? It depends on the nature of the unsafe condition that led to the accident:
If you have grounds to sue both, you can do so. When suing both entities, it is possible to have both of them contribute to your compensation award thus maximizing your recovery. A lawyer can explain your legal options, suggest reasonable steps, and recommend the best course of action to obtain a fair legal remedy and ultimately a successful claim.
Can you sue a store for falling and injuring yourself? Remember that a store's liability for dangerous conditions is not absolute. They must simply exercise “reasonable care”. If you can establish that the store breached its duty of care, you may be able to establish negligence. This is common in injury claims involving wet floors at a retail store. Some typical issues in a slip-and-fall case include:
These are just a few of the questions to answer in a slip-and-fall case.
A property owner or store owner may be responsible for severe injuries if an accident was caused by someone else’s negligence - their own actions or the actions of an employee, tenant, or another individual.
Slips, trips, and falls can be caused by many dangerous conditions, including:
There are many more possible conditions that might cause a slip-and-fall accident. The key to identifying a condition as unreasonably dangerous is to look for ways that the store could have been negligent in failing to repair or warn of a condition.
Negligence per se arises in premises liability cases when someone violates a public safety law. In a civil action, it is a legal shortcut to proving negligence. If you can trace your slip and fall accident to a building code violation, for example, you can establish negligence in a way that is difficult for a jury to deny. If you can prove that this negligence caused your accident, you have won your case and will have an easier time collecting damages from the store owners and their insurance company. Evidence like this might get you a generous out-of-court settlement.
The actions you take following a slip and fall accident can impact your case and insurance claim. Below are four steps you should take after a slip and fall accident:
Your medical record documents your injuries. Always seek medical attention as soon as possible and follow your doctor’s recommendations for follow-up care with your primary care provider or a specialist.
After slip and fall accidents, hazards or debris that caused an accident are often cleaned up within minutes or hours. A wet floor may be cleaned up, or a loose extension cord may be secured. Take photos and videos of the accident scene, and request surveillance camera footage, if available.
Get the contact information for anyone that witnessed the accident, or observed hazardous conditions. If possible, get their narrative of what they saw, such as warning signs or other dangerous conditions on a property.
Document the accident, report it and keep a copy of the incident report with the store. The procedure for reporting a slip and fall accident may vary depending on where your accident occurred.
Finally, after you’ve reported an accident, contact a slip and fall lawyer as soon as possible. If you promptly secure a personal injury lawyer, your attorney can help you through the process while you focus on your healing and recovery. Brooks & Radchenko is committed to helping our clients in North Texas recover the maximum compensation available for slip and fall injuries.
Injuries in a fall at a store can range from mild (such as sprains and strains) to severe (such as a broken hip or femur). Some common injuries caused by a fall at a store include:
Losing balance and falling can look very different for many people depending on their age, physical health state, the mechanism of the fall, and how a person falls. In some cases, injuries can result in long-term or permanent disability.
Slip and fall compensation amounts for fall injuries vary greatly from case to case, depending on many factors. Typically, you may claim compensation for the following losses:
If the store's conduct was outrageous, an injured person might even qualify for punitive damages for a fall-in-store lawsuit. In your consultation, your lawyer will explain applicable Texas law and give you an honest opinion of the potential settlement value. Look for a slip and fall injury law firm with experience and proven results in fall injury claims against a retail store or business owner-ask about case results for cases similar to yours.
Premises liability cases vary widely, and it is not possible to value a claim based on what someone else recovered for their injuries. The outcome of your slip and fall claim will depend on the severity of your injuries and their impact on your life.
Another major factor that can impact your claim is whether you have a skilled injury lawyer representing you. In such cases involving the negligence of a retail store, injured parties can often obtain far greater compensation with an attorney, than without.
A personal injury lawyer will know how to file a slip and fall claim. The general process for fall lawyers, which varies from case to case, works like this:
Very few slip-and-fall claims go all the way to trial. Instead, most parties settle out of court.
Under Texas law, fall injury victims have a limited window of time (called a statute of limitations) to file a claim against a negligent party for a slip and fall in a store. Texas Civil Practice and Remedies Code § 16.003 states that accident victims have two years to file a Texas slip and fall claim from the date of the accident. It is always advisable for an injured party to reach out to a lawyer as soon as possible.
Not all slip and fall accidents require a lawsuit, and it is possible to seek compensation for medical care, lost earnings, and pain and suffering from any business or responsible party without filing an actual lawsuit. Many stores are happy to settle a claim out of court, and in fact, most Texas slip-and-fall cases settle out of court. A slip-and-fall attorney can be a valuable resource in advocating for a fair settlement and negotiating a claim.
The answer to “Can I sue for falling a store in Texas” is circumstance-dependent. Fall laws involve the element of negligence - accidents on someone else’s property depend on whether fall injuries resulted from the negligence of a store owner or property owners. If you were partially at fault, comparative negligence laws allow you to still recover damages.
The lawyers at Brooks & Radchenko have handled a multitude of slip-and-fall claims. Ms. Radchenko has served as president of the New York State Trial Association. She understands the insurance company claim process when a property owner’s negligence is involved in a fall at shopping malls, retail shops, and grocery stores.
Premises liability cases often have complex legal issues, especially premises liability claims. Remember, it's not just whether you win or lose in your legal action, but how much you recover for your injuries. We know what’s at stake and can help get the best possible outcome. Contact our law firm immediately by calling (903)-818-8681 or contact us online to speak with a slip and fall attorney. Our fall attorneys know the state laws and have recovered millions for personal injury settlements and verdicts. We offer a free Texas slip-and-fall accident consultation to answer your questions and explain your legal options.
It does not provide legal advice. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. Every legal case is different. Specific past results are not indicative of specific future results. Any information contained herein pertaining to experience or familiarity with particular courts or government agencies should not be construed as an ability or willingness to exert improper influence over the legal system. All services described in these materials and provided by Family Law of North Texas, LLC, and its attorneys, are only performed in compliance with all applicable laws and the Texas Rules of Professional Conduct.