Slip-and-fall accidents at retail stores can result in serious injuries to unsuspecting customers. If you decide to file a premises liability claim against the store where your accident occurred, you will be required to establish the following:
You were an invitee of the store
Retail store customers are typically considered invitees of the business. In other words, a retail company invite customers to enter their stores to conduct business and therefore owe a duty to customers to take reasonable steps to maintain the retail premises. Retail companies do not owe the same duty to trespassers, or people who enter the property without the property owner’s permission.
Your accident was caused by a dangerous condition on the premises.
To hold a store liable for your slip-and-fall injuries, you will need to show that there was a dangerous or hazardous store condition that contributed to your accident. Some common retail store hazards include:
- Torn carpeting
- Broken steps
- Slippery floors
- Icy sidewalks or entryways
- Poor lighting in parking lots
- Poorly positioned displays
The retail store owner breached the duty owed to you as an invitee.
Injured shoppers will need to establish that the store owner knew of the dangerous condition but failed to take reasonable steps to remedy it or should have known about the dangerous condition but did not know because of a failure to reasonably inspect the premises.
You suffered injuries and damages caused by the accident.
Providing evidence of the injuries and damages you suffered due to the accident through medical records, pay stubs, and expert testimony will be essential to recovering compensation.
What if I contributed to my own accident?
As a modified comparative negligence state, Texas allows you to recover damages for your slip-and-fall even if you contributed to your own accident and injuries, as long as you are less than 50 percent at fault. Failing to pay attention, wearing defective shoes, ignoring warning signs, and using a cell phone while walking are all common ways that customers contribute to their own accident.
To find out if you have a strong case against the store owners and other parties involved in your accident, consider speaking with an attorney in your area.