It started as a pleasant shopping experience at a Family Dollar, or another discount store, in Texas. However, the shopping experience took a turn for the worse when you slipped and fell while walking to the checkout line to pay for your goods. Can you file a Texas personal injury claim to cover the financial losses generated by your injuries? The answer is yes, but you must prove that Family Dollar, or the discount store where the incident took place, committed one or more acts of negligence which resulted in the incident that caused you to slip and fall.
What Are Texas Slip and Fall Laws?
A slip and fall incident at a Family Dollar, or any other discount store, falls under the legal category called premises liability law. As a type of personal injury incident, premises liability laws protect consumers, visitors, and licensees against the negligence committed by another party while they are on that party’s private property. Private property owners have a legal obligation to keep their properties safe for everyone who is granted the legal right to be on their properties.
One of the most important Texas slip and fall statutes is called the modified comparative fault principle, which assigns blame to every party involved in the slip and fall incident at a discount store like Family Dollar. This means that, as the plaintiff in a slip and fall lawsuit, the judge hearing your case could assign you up to 50 percent of the blame for causing the accident. For example, if you tripped and fell over an extension cord, the judge hearing your case might assign you only 20 percent of the blame for failing to notice the extension cord while walking through a discount store.
How Long Do I Have to File a Slip and Fall Claim Against a Discount Store in TX?
Every state has established a deadline for filing personal injury lawsuits that seek monetary damages. Texas has set its statute of limitations at two years, meaning that, in Texas, you have two years to file a personal injury lawsuit seeking monetary damages. This two year clock to file a claim starts ticking on the day when you sustained injuries as a result of a slip and fall at the discount store.
A critically important reason as to why you should work with a Texas attorney is to ensure that you meet the deadline for filing a personal injury claim in Texas. Without an attorney, you run the risk of possibly failing to meet Texas’ statute of limitations deadline. And your failure to meet the statute of limitations in Texas will result in your case being dismissed by the court clerk processing your lawsuit.
What Do I Need To Prove in My Claim Against a Discount Store in TX?
When filing a personal injury claim in Texas, you need to prove the presence of the four elements of negligence. The first element to prove involves demonstrating the discount store had a duty of care to protect you against harm. Second, you must prove that this Texas discount store breached the duty of care legal principle. Finally, the slip and fall must have caused you to sustain one or more injuries that produced financial losses.
Submitting convincing physical evidence is the key to proving that a discount store committed at least one act of negligence that caused you harm.
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*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Family Dollar or any other party, you may not be entitled to any compensation.
