Legal Question in Personal Injury in Texas

Re: What is the store's legal responsibilty

Questions like this cannot be answered over the internet. Your asking for important legal advice and I don't think any attorney would respond in this manner. I strongly advise you to talk to a lawyer in your area. Many lawyers might be interested in this type of case although they are very difficult.

Re: What is the store's legal responsibilty

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 grocery store put the toy on the floor; or

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

3)that the grocery 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 grocery store does not have to disprove anything; it is your burden to prove every element of your case.

You are probably saying to yourself, "How in the world can ANYBODY win a slip-and-fall case in Texas if that is the law?" That is precisely the point. Governor Perry and the other Republicans in power in Texas have made it almost impossible to win this type of case. It is more important to them to protect businesses than it is to protect you. Fully 19 out of 20 of these cases that go to trial are decided in favor of the store. The only way to fix this is to get rid of the Republican politicians (Governor, Supreme Court Justices, and Legislators) who made it this way. If we don't change things this November by our vote, we have only ourselves to blame.