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Slip & Fall Accidents | Houston, TX Lawyers

A “slip & fall” or “trip & fall” are incidents that fall into the Premises Liability area of Texas law. The same general rules apply. Conditions that might cause such an incident are considered defects. These types of defects can be caused in one of two ways. Either the defect is caused by some activity occurring on the premises or it has been caused by a single incident of which store personnel may or may not know exists. Either way, the store owner owes a customer reasonable and ordinary care to make any hazardous condition known or to eliminate such hazard.

An example of a negligent activity is where a store employee is stocking fruits and vegetables in the produce area of a store. If the employee is in a hurry while stocking and items fall in and around the floor area, a hazardous condition is created for customers walking through the area. If someone falls and is injured, it is because of the negligent activity of the employee stocking the items. On the other hand, if a fruit has been lying on the floor for some time and the stock employee knew it was there but did not remove it and a customer falls and is injured, the condition is known as a premises defect and the store owner can be liable. Also, if a condition of a floor causes a customer to trip and fall, a store owner may be held liable if it had notice of the hazardous condition and did not warn consumers. But as with any other premises defect, a store owner will likely not be held liable for an injury when the dangerous condition is in plain view and is otherwise open and obvious to the customer. The customer also has the duty to avoid dangerous conditions.

If you are injured on commercial property such as a store, use your cell phone camera and get multiple photos of the area where you were injured. Take photos of the location of any store cameras in the area. Get photos of witnesses, including employees. Write down their names. Report the incident to store personnel so that the incident can be immediately investigated. The idea is to preserve as much evidence as possible. Immediately call the Law Office of Dan Kirby to discuss the manner in which you were injured. You may be entitled to compensation for medical bills, pain and suffering, lost wages and other damages.