When shopping in retail stores, you have a right to your safety. The premises must be kept reasonably safe at all times. Unfortunately, unsafe conditions like wet or cluttered floors, defective staircases, faulty elevators, and falling objects can cause considerable harm to shoppers. Texas premises liability and personal injury laws offer you a chance to file an injury claim in these scenarios.
Because not all accidents qualify for compensation, it’s important to discuss your case with a seasoned Brownsville supermarket injury lawyer. They will evaluate the facts around your case before determining whether to proceed with legal recourse. The dedicated team at Lone Star Injury Attorneys may help with your case at no upfront cost.
Every state in America, including Texas, has premises liability laws that seek to protect shoppers and visitors from harm. In case an accident occurs while shopping, you may be compensated for your injuries. However, not all cases are eligible for compensation. Although our personal injury lawyers will discuss your case in-depth, here are key elements that determine whether you have a claim:
Texas laws require store owners to maintain a duty of care towards people who visit their premises. This is a legal obligation to ensure that their property is safe for customers. This obligation entails looking out for safety hazards and unsafe conditions that would cause harm. However, they may not be accountable for conditions where they could not have discovered the danger. The dangerous situations must be reasonably foreseeable.
If the premises owner, manager, or employees were aware (or should have been aware) of any unsafe conditions but failed to address them or warn visitors, they are usually deemed to have breached the duty of care. There are several ways that this may happen. For example, a wet or cluttered floor should be cleared, or shoppers should at least be made aware and warned of the condition. If a product is likely to cause harm under some circumstances, manufacturers must also clearly indicate this. Failure to do so amounts to a breach of care.
You cannot collect damages in a grocery store injury case if your injuries are not related to the unsafe conditions in the supermarket. For example, if your injuries were entirely preexisting, meaning the fall did not aggravate it, you cannot claim that the hazards in the premises contributed in any way. As such, you must prove, with a preponderance of solid evidence, that were it not for the unsafe conditions in the market, you would not have suffered new harm or aggravation of existing harm. They must be the proximate cause of your injuries to qualify for compensation.
Damages in a supermarket injury case are the costs associated with your injuries. They may be tangible or intangible. Tangible losses cover the monetary losses incurred seeking treatment, therapy, rehabilitation, and related medical expenses. They also take into account lost wages and lost future earnings. On the other hand, intangible losses are non-monetary. They cover pain and suffering, diminished quality of life, and emotional trauma. A resourceful injury attorney is valuable in determining the extent of damages you suffered and the value of your claim.
Preparing for a personal injury claim begins from the moment you are injured. The steps you take can make or break your case, and therefore, it’s vital that you know what things to do.
First, you should check yourself for injuries. Although most injuries in a grocery store are minor, some can be catastrophic, especially when they involve falling objects or slip and fall accidents. A blow to the head may cause Traumatic Brain Injuries. If you feel something is wrong, get a medical evaluation as soon as possible. This not only helps address your injuries in a timely manner but also documents your symptoms tied to the accident. Without proper medical records, insurance companies may argue that the injuries were self-inflicted, preexisting, or don’t exist at all.
Also, ensure that you notify the supermarket owner, manager, or the highest-ranking person before leaving the scene. They must take an incident report before you go. Take photos of your injuries and the surrounding area, especially the unsafe condition that caused you harm. Talk to eyewitnesses and record their contact information. They may be helpful if you pursue compensation through a court process.
Lastly, call a supermarket injury attorney. If you suffered minor cuts or bruises, you could settle with the property owner without an attorney. But if you sustained an injury, you need to protect your rights by retaining a personal injury lawyer. Apart from preparing your case and aggressively fighting for your rightful compensation, your legal team will total your losses to determine the actual value of your claim. By doing so, you are guaranteed that the settlement you recover is fair and reflects your losses.
Market owners and managers have an obligation to ensure the safety of shoppers. If negligence on their part results in an accident, the victim may file a personal injury claim demanding compensation. Our Brownsville supermarket injury lawyers are here to help with your case. Don’t hesitate to contact us immediately to speak with our representatives.