Slip and fall injuries can be very serious. In fact, some injuries that are caused by a slip and fall accidents can cause permanent disabilities.
If you slipped and fell in a 7-Eleven or any other convenience store in Texas, you can file a claim to recover damages. Your medical expenses should be paid in full and you may also be entitled to money for pain and suffering.
What Are Texas’ Slip and Fall Laws?
There are a couple of different Texas slip and fall laws that may apply to your situation if you slipped and fell at a 7-Eleven, or any other similar convenience store. These laws include:
- Modified Comparative Negligence
- Premises Liability
Modified Comparative Negligence
Under the Modified Comparative Negligence law, if you are entitled to a settlement for a slip and fall injury the amount of this settlement may be reduced by the percentage that you are found to be at fault. The court will decide what percentage (if any) you are at fault based on the circumstances of the slip and fall accident.
For example, if you were walking around a 7-Eleven, or any other convenience store, looking at your phone instead of looking where you were going and you slipped on some unmarked water on the floor, the primary responsibility of your accident falls on the store to (1) keep the floor dry and/or (2) point out the hazard with a sign. However, you would likely be responsible for a percentage of the responsibility pertaining to your accident because you were looking at your phone. So, the amount of money you receive would be lowered based on how much responsibility the court assigned to you. The whole idea here with these at-fault percentages is that, if you had not been looking at your phone, you probably would have seen that there was water on the floor and not slipped on it.
Premises Liability
The Premises Liability law holds a property owner liable for a slip and fall accident if the owner of the property that had the hazard didn’t take the necessary steps to fix it. Premises Liability law applies if you were to slip and fall in a 7-Eleven, or any other convenience store, on some water or something else that had spilled on the floor, and the owner was aware of the fact that the hazard was there, but also didn’t clean it up or put up signage that warned people of the hazard.
A good example of this is water being tracked into a store because of a storm happening outside and its resulting wet conditions. If water is tracked into a store during a storm, and the owner doesn’t clean up the puddles or put down mats to absorb the water to make the space safe for walking, the owner would be liable for any injuries incurred if someone slipped and fell because of that water.
How Long Do I Have to File a Slip and Fall Claim Against a Convenience Store in TX?
If you were injured in a slip and fall accident in a 7-Eleven, or another convenience store, in Texas, you have two years from the date of the accident to file a slip and fall claim.
What Do I Need to Prove in My Claim Against a Discount Store in Texas?
In short, if you’re trying to prove a claim against a convenience store like 7-Eleven in Texas, you will need to prove that:
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• The owner knew about the dangerous conditions.
• The owner was negligent—meaning they did not fix or address these dangerous conditions—which caused your accident to happen.
• The slip and fall accident caused your injuries.
• There were costs for your medical treatment, you missed work and thereby lost wages because of your slip and fall accident, and you experienced pain and suffering from your accident.
• You have serious or permanent injuries as a result of your slip and fall accident.
To prove these elements of your claim, you will need to have as much documentation as you can possibly get. This evidence can include witness statements, accident reports, any and all receipts of your medical treatment(s) and other expenses for things like walkers, crutches, or braces, and your pay stubs to show that you lost wages while you couldn’t work as a result of the injuries you sustained and your recovery from the slip and fall accident.
Get in Touch with a Lawyer That Takes Texas Slip and Fall Cases
If you’ve been injured in a slip and fall accident at a 7-Eleven, or any other similar convenient store, in Texas, you should speak with an experienced attorney to give yourself the best chances of winning your claim and getting the money you are owed and deserving of. Additionally, by working with an attorney, you can get advice based on your specific case.
To get connected with an independent, participating personal injury attorney who subscribes to our website, complete the Free Case Evaluation form on this page today.
*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 7-Eleven or any other party, you may not be entitled to any compensation.