The holiday season in Texas brings joy, festive decorations, and, often, crowded stores. While you're busy finding the perfect gifts, the last thing you expect is to be injured due to unsafe conditions. Unfortunately, accidents can happen, turning a pleasant shopping trip into a painful ordeal. If you find yourself hurt in a Texas store, it's crucial to understand your rights and the steps you can take.
Understanding Premises Liability in Texas
In Texas, when you enter a store, you are generally considered an "invitee." This means the store owner or operator owes you the highest duty of care. They are responsible for ensuring their premises are reasonably safe for customers. This duty includes:
Identifying and addressing known hazards: If they know about a slippery spill, a broken display, or a cluttered aisle, they must take action.
Conducting regular inspections: Store owners are expected to routinely check for potential dangers.
Warning of non-obvious hazards: If a danger cannot be immediately fixed, they must warn customers about it (e.g., "Wet Floor" signs).
If a store owner fails in these responsibilities and you are injured as a result, you may have a valid personal injury claim based on premises liability law. Common incidents include slip and fall accidents due to wet floors, merchandise falling from shelves, or injuries caused by inadequate security in areas with known risks.
What to Do Immediately After an Injury
Your actions immediately after an injury can significantly impact a potential claim. If you are hurt in a Texas store:
Seek Medical Attention: Your health is paramount. Get immediate medical help, whether from paramedics on-site or by going to an urgent care facility or emergency room. This also creates a vital medical record of your injuries.
Report the Incident: Inform a store manager or supervisor about your injury as soon as possible. Request that they create an official incident report and ask for a copy.
Document the Scene: If possible and safe to do so, take photos and videos of the hazard that caused your injury, the surrounding area, and your injuries. Note the time, date, and exact location of the incident.
Gather Witness Information: If anyone saw what happened, ask for their contact information. Their testimony can be invaluable.
Do Not Admit Fault or Give Recorded Statements: Avoid making statements that could be interpreted as admitting fault, and do not give a recorded statement to the store or their insurance company without consulting an attorney.
Preserve Evidence: Keep the clothes and shoes you were wearing. Do not discard any damaged personal property.
The Legal Process and Your Rights
Under Texas law, you generally have two years from the date of your injury to file a personal injury lawsuit. This is known as the statute of limitations. While two years might seem like a long time, building a strong case takes thorough investigation, evidence collection, and expert analysis. Delaying action can make it much harder to gather crucial evidence and may jeopardize your ability to recover compensation.
If your claim is successful, you may be entitled to recover various types of damages, including:
Medical Expenses: Costs of immediate treatment, surgeries, rehabilitation, and long-term medical care.
Lost Wages: Compensation for income lost due to your inability to work.
Pain and Suffering: For the physical pain and emotional distress you endured.
Other Damages: Depending on your case, this could include lost earning capacity, disfigurement, or mental anguish.
We Are Here to Help
Navigating a personal injury claim can be complex, especially when you're focused on healing. Dealing with insurance companies and legal procedures while recovering from an injury can be overwhelming. You don't have to face it alone.
If you or a loved one has been injured in a Texas store while holiday shopping, the dedicated attorneys at Michalk, Beatty & Alcozer, L.P. are here to stand by your side. We are committed to protecting the rights of Texans and relentlessly pursuing the fair compensation you deserve. With our experience in premises liability cases, we can investigate your claim, gather the necessary evidence, and advocate on your behalf. Don't let a preventable accident derail your holidays.