Legal Question in Personal Injury in Texas

Re: Falling down and apart

You state that the fall was due to the store's fault, but do not give enough details to show what they did wrong. These type of cases are difficult cases to win. If the problem was caused by a customer, you must show that the store knew or reasonably should have known about the problem and that the store neglected to do anything about it within a reasonable time.

The higher courts of Texas will do everything within their power to hold that the store is not responsible unless you have a near slam-dunk case.

Let's assume that you will be able to show negligence, then you will be entitled to recover damages which consist of past and future medical bills that you have to pay because of the fall, your past and future lost earnings resulting from the fall, and some amount for pain, suffering and mental anguish which was caused by the fall. If you already had arthitis, they will not be liable for that except to the extent that you can show that the injury agravated the condition and caused problems which did not otherwise exist.

The store will not be your friend on this matter. It is likely that the only reason that any medical bills have been paid is because of some insurance which pays a limited amount without regard to fault.

In summary, it is my opinion that you will never get anywhere near all of your damages, unless an attorney is there fighting for you. It is difficult enough for the experienced attorney. For a layman representing himself, it is nearly impossible to get anything other than a token amount.

GET A LAWYER.

Re: Falling down and apart

I am sorry to hear about your accident. Slip-and-fall cases are, by far, the most difficult cases to prove and win in Texas. The reason is that the law requires that you, as the claimant, must PROVE these elements:

1)that the store put something on the floor that caused your fall; or

2)that the store, even if it did not PUT the substance on the floor, nevertheless KNEW the substance was on the floor BEFORE your fall; and

3)that the store failed to WARN you of the danger; and

4)that you were not negligent yourself by failing to watch where you were walking.

Also, remember that the store does not have to disprove anything; it is your burden to prove every element of your case.

If you have any proof that the store knew the substance was on the floor prior to your fall, I would be happy to help you with your case. Feel free to call me at your earliest opportunity.

I look forward to speaking with you.