Legal Question in Personal Injury in Texas

Slip and Fall cases hard to win in Texas, what do I do next?

I slipped and fell at a local grocery store here in town. It was raining and when I walked in the store I had to move off of the so called runner they had because a lady wouldn't move. When I did my left foot slipped on water and I landed on my left knee. Since then I have spoke with the Risk Management lady and she said that they are self insured and to let her know of any medical expenses I incurr. I am having numbness in my left foot and toes, my knee and foot hurt, and I have excruciating pain in my lower back/sciatica area and some days it is hard to even walk. I can't find a doctor to go to because I can't pay up front. I have a family to support and MRI's, Xrays, and medical care would be too much for me to pay for. Where do I go from here? I did go to the emergency room after the incident but they would not do an MRI. I have been in touch with several attorney's but they won't take it because they say it is hard to win slip and fall cases in Texas. Please help me.


Asked on 12/11/03, 4:13 pm

2 Answers from Attorneys

Re: Slip and Fall cases hard to win in Texas, what do I do next?

By all means, have your injury looked. Depending on the physician, some will bill you and that will at least get you seen by the physician. This should be on the top of your list.

It is unfortunate that the attorneys you spoke with fell that the work is difficult. However, that is an indication that you need to keep looking. You are not limited to only using an attorney in your city. Texas is full of competent attorneys.

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Answered on 12/11/03, 4:35 pm
Charles White Charles G. White

Re: Slip and Fall cases hard to win in Texas, what do I do next?

The reason that you are having difficulty finding an attorney is because a slip and fall case indeed is difficult to win. Actually, the difficult part is to avoid being thrown out of court before you get to go to trial. To prevail you must show more than the mere fact that you slipped and fell on water. You must show negligence on the part of the store operator. If the water was outside from natural rainfall, you are not likely to be able to show negligence merely because the sidewalks are wet. If the water was inside the store in an area that normally is dry, the store may have a duty to put out warning signs that the floor is wet, or dry it off. If customers are tracking in with their wet feet as fast as they can clean it up, you may have a difficult time showing a duty to clean it up or show negligence. On the other hand, if a store employee is mopping with wet soap, makes the floors slick, and doesn't put out warning barriers, your chances are much better. In recent years the Texas Supreme Court has gone to great lengths to protect the operators of business premises. That does not mean that it is impossible to win, but it does mean that you have to have a really good case of negligence to get anywhere.

The fact that you did not go to the emergency room and have not even seen a doctor also makes a case less attractive to an attorney. In most places in this state "slip and fall" cases are seldom attractive to attorneys, because when they take one, they are going to have to spend a lot of out of pocket money to win the case, and work a whole lot. If they are not careful, they may not make minimum wage on the case even if they win.

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Answered on 12/11/03, 4:43 pm


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