If you slipped and fell in an H-E-B, or any other store, in Texas, you can file a personal injury claim to recover the damages you suffered. This is because stores in Texas and other states have a duty of care to their customers to keep their stores safe from accidents and injuries taking place.
However, this doesn’t mean you are automatically entitled to compensation by the H-E-B store, or any other similar store, as you must prove it was the negligence on behalf of the store that caused you to slip and fall.
What are Texas Slip and Fall Laws?
Texas bases its personal injury laws on modified comparative negligence. This means that, if you are partially at fault for the accident, you will lose that percentage to which you were at fault when your compensation is calculated.
For example, if you failed to notice a warning sign that had been placed by the hazard which caused your accident because it was partially obscured by a carton that had been left by a shelf filler.
Premises liability
A property owner is liable for a slip and fall accident if the owner is aware of the hazard and did not take the steps to fix it.
How Long Do I Have to File a Slip and Fall Claim Against a Grocery Store in Texas
Most states, including Texas, set a statute of limitations for filing a personal injury claim. In Texas, the statute of limitations is 2 years. This means that you have 2 years, starting on the date of your slip and fall accident, to file a claim.
What Do I Need To Prove in My Claim Against a Grocery Store in Texas?
The key to winning a personal injury compensation claim is providing the evidence to prove that H-E-B, or any other store, has acted negligently in ensuring the store user’s safety.
In other words, you have to be able to prove that the store was aware of the dangerous conditions, and they were negligent (i.e., failed to do anything about it) and allowed the hazard to persist.
Additionally, you need to prove that the slip and fall accident at the store was the actual cause of your injuries. Some useful evidence proving the store’s negligence includes:
- witnesses’ statements who saw the accident happen in the store;
- a copy of a report given to the store manager at the time of the accident;
- pay stubs showing you have lost wages due to the injury;
- copies of receipts for medical treatment;
- a written account of the pain and suffering you have endured due to the accident.
Get in Touch With a Lawyer That Takes Texas Slip and Fall Cases
It is never easy proving who is at fault in a slip and fall accident in Texas at a H-E-B store, or another similar store. However, you have a far higher chance of winning compensation if you work with an attorney compared to filing your claim on your own.
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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 H-E-B, or any other party, you may not be entitled to any compensation.