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Is It Difficult to Win a Texas Grocery Store Slip and Fall Case?
June 10, 2020 Practice Areas

If you slip and fall in a Texas grocery store, is the grocery store always liable? The answer is no. In fact, you might even go so far as to say that it is difficult to win a slip and fall case against a grocery store in Texas. Falling down and sustaining an injury on someone else’s property, does not automatically make them liable for the incident.

Texas Slip and Fall Claims are Just Like Any Other Personal Injury Claim

Just like every other personal injury claim, to win a Texas slip and fall case, you must prove that the property owner was negligent and that their negligence caused your fall and resulting injury. One common cause of Texas grocery store slip and fall accidents is unmarked spills on the floor. As the injured party, your attorney will assist you in proving that a dangerous condition existed (in this case, a spill), that the property owner of the owner’s employees were aware of the hazard or should have been aware the hazard existed, and that they failed to exhibit reasonably prudent behavior by cleaning it up.

The Difficulty of Proving Knowledge:

The plaintiff in a slip and fall premises liability case has two choices. The first choice is to prove that the owner or the owner’s employees knew the hazardous condition that caused their injury existed. The second choice is to prove that the hazard was on the property long enough that the owner or owner’s employees should have been aware that the condition existed. Showing either is quite challenging. In some cases, a witness who saw the hazardous condition steps forward, but this is not a common occurrence. In other cases, an employee may admit knowledge of the hazard to the injured person at the scene, but most were trained to stay quiet under these circumstances.

Showing Prior Knowledge Using the Property Owner’s Security Footage

The plaintiff may be able to prove knowledge of a hazardous condition using the grocery store’s own security footage. However, it is common for video to be recycled every 30 days (or less) in accordance with the store’s recycling policy. Without the assistance of an experienced Carrollton personal injury attorney, the plaintiff may find any video evidence is long gone by the time the case goes to trial. The faster you contact an attorney after a slip and fall accident, the easier it is to collect video, witnesses, and other necessary evidence.

If you have suffered an injury due to the negligence of a business, the experienced personal injury attorneys at Hudson Law can help. Our personal injury attorneys have the experience and knowledge you want on your side as you seek fair compensation for your injuries. We put Personal back into Personal Injury Law.

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