In Texas, you are allowed to seek recovery from a store following a slip and fall injury – this includes injuries caused by spilled liquids. However, in order to prove the case, you will need to demonstrate that the store owner knew about or should have reasonably known about the spill and failed to either remove the spill or warn visitors of the hazard.
What Duty of Care Does a Store Owe a Shopper?
The duty of care a property owner owes to a visitor is determined by the property owner’s relationship to that visitor. In claims dealing with a shopper and a store, the shopper is generally considered an invitee, meaning he or she was visiting the property for a reason that benefits both the visitor and the property owner.
In this situation, the shop owner must exercise ordinary care to keep the premises safe for invitees. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about as well as inspecting the property and either fixing or warning invitees about any dangerous conditions.
In the situation of a liquid spill, the store would either have to clean up the spill in a timely manner or provide notification, such as a “Caution: Wet Floor” sign, to invitees provided the spill was known about or should have reasonably been known about.
It is important to note that in order for a slip and fall case be successful the condition must not be open and obvious to an invitee. That is, invitees, like all individuals, still have a duty to keep a look out for where they are walking.
What Should I Do Following a Slip and Fall Accident?
If you have been injured in a slip and fall accident, you may be entitled to compensation. Following these steps may help build your premises liability claim:
- Seek medical attention. If you or a loved one sustained injuries due to a slip and fall accident, the most important thing to do is to get treatment. This takes precedence over all other items.
- Report the incident. Report the incident as soon as possible. Reports can be made to a manager or a property owner. You should keep a copy of the report for your records.
- Take pictures. Take pictures of where the accident happened. Evidence can be removed, so the sooner this is done, the better.
- Get contact information for any witnesses. If anyone witnessed the accident, get their names and phone numbers. Their insight may help prove your claim.
- Call an experienced injury attorney. Thomas J. Henry has the experience and resources necessary to retrieve the compensation you deserve for your injuries