Slip and fall accidents can happen anywhere, and they happen every day. The injuries caused by a fall can cause permanent paralysis or disability. If you slipped and fell in a McDonald’s or any other fast-food restaurant in Texas, you can file a claim to recover damages you have suffered as a result of the accident as well as money to pay for your medical expenses.
What Are Texas’ Slip and Fall Laws?
Texas has laws in place that will protect people who have experienced slip and fall accidents at a McDonald’s or any other fast-food restaurant.
More specifically, the Modified Comparative Negligence Law and Premises Liability Law are the two laws that Texas has in place to make sure that people who have slip and fall accidents get the compensation they’re owed.
Modified Comparative Negligence
The Modified Comparative Negligence law assigns most of the responsibility for the accident to the owner of the McDonald’s property, or other similar fast-food restaurant, but the person who fell is also assigned a small percentage of the blame if they were engaged in an activity that made them inattentive to the hazard. This means that, if you were assigned a percentage of the fault, the settlement you would ultimately receive would be reduced by the percentage of fault that was assigned to you.
For example, if you are distracted while entering a fast-food restaurant like McDonald’s in Texas because you are talking on the phone, and you don’t notice a spilled bucket of mop water on the floor which causes you to slip and fall there, this would be a modified comparative negligence situation. This is because, even though the restaurant had a duty to warn you (as a customer) about the water or clean it up to prevent an accident like yours from happening, you had the responsibility of paying attention to your surroundings which you failed to do because you were distracted on the phone.
Premises Liability
The other law that applies to slip and fall accidents and fault is the Premises Liability law. This law clearly states that the property owner is liable for a slip and fall accident if the owner is aware of the hazard but failed to take the necessary steps to fix it.
How Long Do I Have to File a Slip and Fall Claim Against a Fast-Food Restaurant in Texas?
In the state of Texas, you do not have unlimited time to file a claim for damages and medical expenses you sustained following your slip and fall accident. The time limit for filing slip and fall claims in Texas is two years, meaning you must file your claim within two years of the date of your accident.
What Do I Need to Prove in My Claim Against a Fast-Food Restaurant in Texas?
When you file a claim against a McDonald’s, or any other fast-food restaurant in Texas, you need to have evidence that highlights the fact that the property owner or restaurant was negligent by showing exactly how they were negligent.
It can be tough to prove fault and build a case against the restaurant because you need to be able to prove the following:
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• The property owner / restaurant knew about the dangerous conditions
• The property owner / restaurant was negligent
• The accident at the property owner’s property / restaurant caused your injuries
• You had medical expenses resulting from your accident that you paid for
• You lost wages because you were out of work due to the injuries caused by and/or recovery from your accident.
• You suffered other damages because of the accident.
To prove all of these things, you will have to submit as much documentation as you possibly can. Pay stubs showing your lost wages, letters from your employer saying you were out of work, medical bills, living expense receipts, prescription or medication receipts, and any other documents showing what you paid or what you lost are very important. Keep everything.
Get in Touch with a Lawyer That Takes Texas Slip and Fall Cases
Working with an attorney who specializes in slip and fall cases in Texas is the smartest thing you can do when you file a slip and fall accident claim. This is because an experienced slip and fall lawyer can help you figure out the specific and proper evidence you need as well as negotiate on your behalf to make sure that you get everything you are entitled to.
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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 McDonald’s, or any other party, you may not be entitled to any compensation.
