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David: Hi Jason. I slipped and fell at the store the other day and hurt my back pretty bad. I was thinking about filing a claim, but my friend who works there said it would be denied. I don’t get it; I fell in some water on the ground. Isn’t that the store’s fault?

Jason:  This is a great question, David. Slip and fall claims can be tricky because you have to prove that the store where you experienced the injuries acted negligently.

David: What do you mean?

Jason: I mean that the store either did something that caused you to slip, or they failed to do something that caused you to slip.

David: Well, they failed to clean up the water on the floor. Doesn’t that count?

Jason: It could be negligence provided the store knew about the water on the floor. For example, I had a client who slipped and fell in water from pipe condensation. The store knew it had an HVAC issue but failed to warn customers of the water or clean it up.

David: Oh, so if someone just spilled a drink or something on the aisle and no one realized it was there, that wouldn’t be a claim?

Jason:  Unless there was some evidence that the store knew the water was there and failed to clean it up, then probably not.

David: Well, I think the water I slipped in came from the ice freezer at the front of the store. That’s where I fell.

Jason: In that case, David, you may have a legitimate claim. The front of the store is generally a high traffic area where employees or management are present. It’s very possible that someone saw it but failed to take action to prevent an accident.

David: So, do you think I should file a claim?

Jason: David, I would start by meeting with a lawyer to go over the details of your case. A lawyer could help you make that decision and handle the claims process.

David: But that’s expensive.

Jason: Not necessarily. You can find a personal injury lawyer who will take your case without any out-of-pocket expense. I don’t charge my clients a dime unless we win the case.

David: Really, no fees? That’s great. 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

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