Every year, companies pay more than $70 billion as compensation to people who have been injured in slip and fall accidents on the premises of their property(s).
If you slipped and fell in Walmart or in any other similar store in Texas, you can file a claim to recover damages. Damages include, but are not limited to, money for all of your medical expenses, living expenses while you can’t work, and money for pain and suffering as a result of the fall.
What are Texas’ Slip and Fall Laws?
If you file a claim after a slip and fall accident in Texas you will have to show evidence that the business was negligent and caused the fall. There are two primary laws that apply to slip and fall accidents in Texas. The first is the law of Modified Comparative Negligence, and the second is the law of Premises Liability.
Modified Comparative Negligence
Under the law of Modified Comparative Negligence, any settlement or award that you receive can be reduced if you are found to be partially responsible (i.e., partially at-fault) for the accident. This would mean that, if the company is held to be 90% responsible but you are found to be 10% responsible, any damages you would be awarded would be reduced by 10%. However, this deduction only happens if you are assigned a percentage of legal responsibility for the accident.
For example, if you’re walking into a store like Walmart and you’re not paying attention because you are scrolling on your phone, and you slip and fall on a puddle of water tracked in from outside because it was raining, you may be found to be partially responsible for the accident because you were looking at your phone instead of looking where you were walking.
Premises Liability
Under the law of Premises Liability, the owner of the property is held legally responsible for any slip and fall accidents if they knew there was a hazard on the property and didn’t do anything to fix it or warn people of the danger.
How Long Do I Have to File a Slip and Fall Claim Against a Store in TX?
In Texas, you have up to two years after a slip and fall accident at store like Walmart occurs, to file a claim for damages. This two-year clock starts ticking on the day that you slipped and fell.
What Do I Need to Prove in My Claim Against a Store in TX?
When you file a claim for damages against Walmart or any other store in Texas due to a slip and fall accident, you must prove that the store was responsible for your injuries. More specifically, you will be expected to prove that:
- They property owner or company owner knew about the dangerous conditions
- They were negligent
- The accident caused your injuries
- You paid money to treat your injuries or lost work because of your injuries
- If you sustained a permanent disability, you would need to prove that you are now permanently disabled as a result of the accident.
To prove your claim is accurate, you will need to present evidence like witness statements, photos or videos, medical bills and medical records, work schedules, pay stubs, and proof of disability.
Get in Touch with a Lawyer That Takes Texas Slip and Fall Cases
Personal injury attorneys can be invaluable to your slip and fall claim. Since these types of attorneys are experienced in the slip and fall personal injury area of law, they can provide you with personalized advice on filing your claim that gives you the best chance of receiving the compensation you may need.
To get connected with an independent, participating slip and fall personal injury lawyer who can provide you with a free case evaluation, fill out the 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 Walmart, or any other party, you may not be entitled to any compensation.
