Alma: Hi Jason. My husband and I were at a corner store the other day and he fell down and got hurt in the store! Someone told us we might have a premises liability case. What does that mean?
Jason: Thanks for your question, Alma. If your husband’s fall was due to negligence by the store, then yes, your husband could have a case. Premises liability claims are generally filed when someone is injured while visiting another person or property due to negligence by the owner, landlord, or manager.
Alma: His foot got caught under the floor mat when we were leaving. He fell and now he has a broken shoulder. Does that count as negligence?
Jason: It’s very possible, Alma, that your husband has a case for a slip and fall accident, which is a common type of premises liability claim.
Alma: What do you mean by “possible”? I saw it happen and so did the store attendant. It happened right in front of her.
Jason: I use the word “possible”, Alma, because I would need more details to confirm the store’s negligence. But based on what you’re telling me, it sounds like the store could be at fault by creating a hazardous situation when it placed the mat by the door.
Alma: So how would we find that out and prove it?
Jason: There are a number of ways such as surveillance videos, witnesses, and the use of experts like a tribometrist, who can assess environmental factors that might have caused the accident.
Alma: Oh, that sounds kind of complicated and expensive!
Jason: If you work with a lawyer, he or she would take care of gathering evidence to prove the case. Personally, I don’t charge my clients anything unless we win, so there would be no out-of-pocket expense for you.
Alma: That’s good to know. I just wonder if it would be worth it.
Jason: If your husband broke his shoulder, then you’ve already incurred some medical expenses. And there’s always the possibility that he sustained other injuries that haven’t yet surfaced. I’ve seen cases where people don’t realize the full extent of their injuries for weeks, sometimes even months later. The more time that passes, the more difficult it is to prove fault.
Alma: Hmm, maybe I should talk to him about this.
Jason: I encourage you to do so. A few years ago, I had a client in Freer who was awarded a jury verdict of over $19 million in damages from a local grocery store.
Alma: Thank you, Jason!
DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.
If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call DeSouza injury Lawyers today at 361-799-2222 or visit the firm online at https://jfdlawfirm.com/.