What Do I Need To Prove My Slip and Fall Claim in Texas?
To make a store liable for one’s injuries suffered in a fall on store property, a person has to prove that the store was legally negligent in some manner.
To do this, an individual must first establish that the store owed them a duty of care. This should not be a problem. This part of a case for negligence is not too difficult; generally, businesses are responsible for keeping their premises reasonably safe for their customers. This includes parking lots, parking garages, and spaces behind stores.
An individual then needs to prove that the store breached its duty in allowing a hazardous condition to exist due to their negligence. This could include, for example, spills that are not promptly cleaned up, loose floor tiles, poor lighting, or overcrowded aisles.
Importantly, an individual must prove that the store’s negligence directly caused their injury. For example, slipping on an unmarked wet floor might cause a customer to suffer a broken ankle.
Finally, the injured individual must show that economic losses followed from their injuries. They had to pay for the cost of medical care for their injury. They may have lost wages because they were unable to work. Their injuries may have left them with permanent disability that will affect their earning ability in the future.
In addition, they may have experienced emotional harm, e.g., pain and suffering. With clear evidence of each of these elements, it would be possible to establish the liability of the store.
A person who has suffered injury in a retail store incident wants to gather all of the documents related to their experience, e.g., medical records that document the treatment they received. They also want to identify anyone who may have witnessed the incident and the consequences of it. They would want to document the scene of the accident in photos, if they can, and document their injury and its consequences in photos and or videos if possible.
What Other Types of Claims Can I Sue the Texas Retail Stores For?
There are other claims that might be justified by the facts of an individual’s situation. For example, a variant of negligence is dangerous structure law. In some cases, an individual may be harmed because there are structural defects in a property. A portion of a building can collapse and injure the occupants. Elevators and escalators can malfunction and cause significant injuries to the people using them.
Any number of other structural issues may arise in a modern building. If a person suffers injury because of a structural defect in a store, they would sue for negligence.
Store security lawsuits are yet another possibility. For example, a store security guard must act reasonably when conducting an investigation. They must act in a reasonable manner when they detain a person who is suspected of perpetrating a criminal offense in a business, e.g., shoplifting.
The authority of a store security guard is both similar to but different from that of a police officer. Generally, a private store security guard can detain a suspect if they have reason to believe that they have committed a crime, e.g., a theft offense. This is similar to the reason for which a police officer may detain a person.
However, in order to protect a store and its customers and deter theft, store security guards may also forcibly remove individuals from a store. Or they may ask them to leave the property if the property is private, i.e., a retail store. If a store security guard has to physically eject a suspect from a store, they must do so with a degree of force that is appropriate for the circumstances. If not, they might be responsible for any injury they inflict.
If a store security guard detains a person illegally without justification, they may be able to sue them for the harm they suffer.
A person may also have a claim against a retail outlet because they purchase a defective product from the store that causes them injury. Under the law of strict product liability, both manufacturers and retail distributors of products are liable to compensate victims who suffer injury caused by a defective product.
What Are Some Legal Options Available in a Texas Retail Store Lawsuit?
A person may sue for no more than $20,000 in Texas small claims or justice courts. They would then be able to represent themselves. If a person wants to sue for an amount that is greater than $20,000, they would probably file their lawsuit in a Texas district court.
A number of different factors, e.g., who is the owner of the retail outlet, and the amount a person wants to recover in damages for their losses determines where they should file their lawsuit. A legal consultation in Texas with a Texas lawyer would help a person decide which court would be the best one in which to file their lawsuit.
Can the Retail Store Assert Any Defenses Against Me?
There are a number of personal injury defenses available to an owner of property on which a person has suffered an injury.
For example, the owner of premises owes the highest duty of care to an invitee, i.e., customers or patrons who have been invited onto the property by the owner. The owner of property owes the next highest duty of care to licensees, who are social guests of the property owner who have entered the property, or remain on the property, in order to socialize, e.g., a friend of the owner would be an example of a social guest.
Lastly is a trespasser, who is an individual who enters or remains on property without the consent of the owner. They are owed the lowest duty of care. So a property owner may attempt to assign the status of a trespasser to a person in order to escape premises liability.
The law of comparative negligence may serve as a defense for a retail store that has been sued. The state of Texas follows a modified comparative negligence law. Under this law, if an injured party is found reasonably responsible for their injury, the compensation they receive may be reduced because of their own contributory negligence. If a victim is found to be mostly at fault for their injury, they may lose their right to pursue compensation altogether.
A property owner may claim that they were unaware of the hazard that existed on their property and could not have known through reasonable inspections or maintenance practices.
An owner might claim that a hazardous condition was “open and obvious,” and the victim should have seen it and avoided it. Or the property owner may attempt to prove facts showing that the victim assumed the risk of injury, so, again, the owner is not liable for paying damages.
What Are the Steps To Take When Suing a Retail Store for Injuries in Texas?
One important thing to keep in mind is that the statute of limitations for a premises liability case in Texas is 2 years. This is the statute for a person who qualifies as a guest on the property. However, it does not apply in every case.
For example, if a property is owned by a government entity or agency, then the statute of limitations is 6 months. The statute of limitations period might be even shorter for a local municipal government.
As noted above, a person should consult with a lawyer to help them determine in which court it would be best to file their lawsuit. And before filing, they might want to notify the store manager or the ownership about their injuries and attempt to negotiate a resolution of their claim.
Can I Sue a Store for Discrimination?
Under federal civil rights law, a person may sue a retail outlet if it has discriminated against the person on the basis of the person’s membership in one of the following protected classes:
- Race
- National Origin
- Gender
- Gender identity
- Religion
- Disability status
- Age (40 and over)
- Genetic information.
A person would first submit a complaint to the Office of the Attorney General in Texas. A complaint form is available online at the website of the Attorney General. This office would assess whether the complaint should be handled by them or should be submitted to a different agency.
If they accept the complaint, they would investigate it. If they think it has merit, staff would try to mediate or resolve the issue between the person and the store. If this administrative process does not resolve the issue, the individual who has been harmed would file a lawsuit.
They would need a “right to sue” letter from the administrative agency, which confirms that procedural requirements have been met. The letter typically states a deadline, usually 90 days, by which the lawsuit must be filed.
Should I Contact a Texas Attorney About Suing a Retail Store?
If you have suffered a significant injury in a Texas retail store, you want to talk to a Texas personal injury lawyer right away. Your lawyer will be able to review the facts of your case and determine what type of claim you have, whether it is one of negligence, product liability or something else. They can then guide you through the legal system to get the remedy you deserve for the harm you have suffered.
