Slip and Fall
I was at a large chain grocery store recently when I fell on some water that had leaked from the freezer. My knee is very swollen and now I have medical bills to pay. The manager said someone would call me to discuss my injuries but no one has. Aren’t they automatically responsible to pay for my injury since I fell on their property?
A. No. Just because you fell on someone’s property DOES NOT mean you are automatically entitled to any money for your injuries. Texas Courts do not favor the injured party in any case and have very specific laws that cover when a person who is injured on someone else’s property may make a recovery.
In Texas, the court will focus on the duty owed by any property owner to any injured individual depending upon the status of the injured visitor at the time of the injury on the property. The status of the injured party then will determine the liability of the owner or occupier.
You have what is called the "burden of proof". You must prove that someone else was negligent or careless and that it was their negligence or carelessness which caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose.
However, an experienced Board Certified Personal Injury Trial Lawyer can review your claim and a determination can be made if the land owner or possessor may owe you for your injuries.
There are many other matters you need to be aware of if you are trying to handle your own claim. I have written a free Book entitled HELP! I’VE FALLEN AND I CAN’T GET HELP! that explains in detail what the typical claim involves; what you need to do to properly handle your claim and what to look out for when dealing with Insurance Companies.
If you have any questions or would like one of my free books entitled HELP! I’VE FALLEN AND I CAN’T GET HELP! or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at email@example.com or firstname.lastname@example.org. You can also call me at 817/335-9700.
The Law Offices of Kerry H. Collins & Associates, P.C.*
1301 Ballinger Street
Fort Worth, Texas 76102
(877) 988-1603 Toll free
*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization