Legal Question in Personal Injury in Texas
I want to know if it is worth trying to sue Wal-Mart in Houston, Texas for a slip and fall? I am an attorney myself, so I know that it is often very hard to win these cases, especially against Wal-Mart. However, I don't practice personal injury law, so I need assistance. I have tried to work with their Claims Management Department, but they have yet to do anything. In fact, I am pretty sure that they do not intend to do anything. I was carrying my three-year old daughter when I slipped and fell on water on an aisle. I have no way of knowing where the water came from or how long it had been there. I hurt my knee and shoulder, and my daughter hit the back of her head. Wal-Mart called paramedics, and they looked at my daughter and said that I should take her to the hospital if she shows signs of a concussion. She complained about neck pain later, so I took her to the hospital the next day. This has all been very traumatic for us, and I just want Wal-Mart to pay the medical bills.
3 Answers from Attorneys
To win, you must show Wal-Mart knew or should have known the water was on the floor before the accident. Wal-Mart does not settle anything.
They appeal everything b/c they know the Texas Supreme Court rules in their favor.
See Wal-Mart v. Reece, 81 S.W.3d 812 (Tex. 2002); Wal-Mart v. Gonzalez, 968 S.W.2d 934 (Tex. 1998). These cases provide the law on slip and falls in TX.
You should retain a lawyer to represent you and your child.
For more personal injury information, visit my website at www.kiplawfirm.com. Watch the video on premises liability claims.
As you know, these are very hard burdens to overcome. As you know, you have to show that they knew or should have known of the condition and it was on the ground long enough for them to know about it and should have warned you. Wal-Mart will litigate this for as long as they have to. I would be happy to discuss any questions you may have regarding this situation. 512-472-8318
The answers given are good..but we have had some excellent settlements/verdicts on slip and falls..after all..some substance was therere...WM knew or should have known..but it is time consuming unless meds are substantial..and if you had health insurance which has a lien, not econimical..so how much damage to you and/or your child?
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