If you had the misfortune to slip and fall in a Kroger, or any other store of such nature, in Texas, you can file a personal injury claim to recover damages. This is because, when you enter a store in Texas, it is the responsibility of the store owner to keep public areas in the store safe for customers to use at all times. This is so slip and fall accidents can be avoided.
If you have had a slip and fall accident, you cannot expect to immediately get compensation to cover the cost of your injuries. Rather, you will have to be able to prove that the store knew about the hazard that caused you to slip and fall but also failed to do anything about it—in other words, the store was being negligent.
What are Texas Slip and Fall Laws?
Texas has a modified comparative negligence law. This means that if Kroger, or any other store of such nature, can prove you were partly to blame for the slip and fall to any degree, you will lose the percentage of compensation that Kroger could prove was your fault.
For example, let’s say you were at a store like Kroger, and you slipped and fell on some slippery liquid on the floor. The store had not placed a warning sign by this hazard, but witnesses said that the liquid you slipped on had been there since the early morning. Thus, this information suggests that the store’s negligence was entirely to blame for your slip and fall. However, if Kroger found out that you were texting on your phone when you slipped and fell, they could prove that you were partly to blame for the accident.
Premises liability
Premises liability revolves around how, if a property owner is aware of the hazard that caused an accident, but failed to take any steps to fix it, then they, as the property owner, are liable for the slip and fall accident.
How Long Do I Have to File a Slip and Fall Claim Against a Grocery Store in Texas
The statute of limitations for filing a personal injury claim in Texas is 2 years. This means that, starting on the day when you slipped and fell, you have 2 years to file your personal injury claim. And, once that deadline has been reached, you won’t be entitled to file a personal injury claim for compensation.
What Do I Need To Prove in My Claim Against a Grocery Store in Texas?
Gathering sufficient evidence that proves that Kroger—or another similar store—has acted negligently by failing to ensure their customers’ safety, is very important when trying to win a personal injury compensation claim.
You must prove that Kroger knew about the dangerous conditions, and they were acting negligently because the hazard was allowed to remain unmarked, untreated, and/or not addressed in any capacity for long enough that a slip and fall accident in Texas took place.
Additionally, you must be able to prove that your slip and fall accident at the store caused your injuries. Coupled with this, you need to be able to show how the injuries you sustained didn’t take place in another place other than Kroger (or another similar store). Evidence proving the Kroger’s negligence could include:
- statements written by witnesses who saw the slip and fall accident take place in the store;
- a copy of a report handed to the store’s manager after the accident took place;
- pay stubs proving you have lost wages because of the injury caused in the slip and fall;
- receipts for medical treatment bills you have paid;
- a written account compiled by you describing the pain and suffering you have endured because of the accident.
Get in Touch With a Lawyer Who Takes Texas Slip and Fall Cases
Winning compensation for a slip and fall accident at a store like Kroger in Texas is never easy. This is because the store’s insurer will always try and find fault within your claim.
However, if you work with a lawyer, you will have a far higher chance of winning compensation than if you compiled the claim on your own. To start this process, complete the Free Case Evaluation 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 Kroger, or any other party, you may not be entitled to any compensation.
