The National Safety Council reports that slip and fall accidents are responsible for 8.6 million visits to the emergency room annually. Those accidents can result in injuries that are anything but trivial, as more than 21,700 Americans die from falls every year. Falls often result in broken bones and can cause head injuries that can be fatal in some circumstances.
The Texas State Office of Risk Management notes between 2003 and 2005, there were 5,337 slip and fall incidents reported in Texas.
Any Store Can Be An Obstacle Course
Customers and employees drop and break or spill containers of liquid and dry products. Employees may leave pallets or product on floors where customers may trip over them.
Employees, in stocking product and moving it throughout, may damage containers and inadvertently spreading sugar, flour, rice and a nearly infinite number of products that can become a slip and fall hazard for customers within the store.
Every venue has a duty to protect customers from an unreasonable risk of harm. But, a store is not an insurer of their customer’s safety, meaning they only need to do what is “reasonable” to prevent a customer from being injured. And what is reasonable may be different in every case.
What Did They Know And When Did They Know It
A store owes a customer a duty to exercise reasonable care to protect them from dangerous conditions in the store that are either known or reasonably discoverable.
To recover damages in a slip and fall case, a plaintiff must prove:
- Store had knowledge of the condition
- Condition posed an unreasonable risk of harm
- Store failed to exercise reasonable care to deal with the risk
- Store’s failure caused injury
A reasonable time for the owner to discover the condition varies depending upon the facts of the case, and evidence of an employee’s location near the hazard.
This means that every case will be different, as a plaintiff will need to demonstrate the length of time the hazard was present and that the time frame was “reasonable” to permit the store to have cleaned up the spill or removed or disposed of the hazard.
Therefore, it is important to gather evidence and document the hazard that caused the fall and the surrounding area as soon as possible.
If you slipped and/or fell as a store patron, it is important to speak to an attorney knowledgeable in premises liability matters. A lawyer can help you determine the responsible party and help you hold them accountable for your injuries.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
