Seasonal sales can bring crowded aisles, extra displays, and wet entryways. Those conditions can create trip or slip hazards, but a fall does not automatically make a Texas store legally responsible. This guide explains common hazards, what an injured shopper should document, and the facts that can affect a retail premises-liability claim.
Slip and Fall Hazards During Fall Sales
Increased Foot Traffic Leads to Hazards
During a sales event, merchandise, displays, and rain tracked indoors can affect walking areas. The important question after an injury is not how busy the store was. It is whether an unreasonably dangerous condition existed and whether the store failed to use reasonable care under the circumstances.
Common Causes of Slip and Fall Accidents
- Cluttered Aisles: Merchandise, boxes, and promotional displays can obstruct walkways.
- Wet Floors: Autumn weather brings rain, leading to wet entrances and slippery floors.
- Poor Lighting: Dimly lit areas can hide hazards like spills or uneven flooring.
- Damaged Flooring: Worn-out carpets, loose tiles, or uneven surfaces increase the risk of tripping.
Understanding Premises Liability in Texas
What is Premises Liability?
Premises liability concerns injuries caused by an unsafe property condition. For a customer entering a store to shop, the retailer generally must use reasonable care concerning unreasonably dangerous conditions it knows about or reasonably should discover. Depending on the facts, reasonable care may include an adequate warning or making the condition reasonably safe. The retailer does not guarantee that every accident will be prevented.
The Duty of Care Owed by Retail Stores
A condition that is open and obvious, or already known to the customer, can limit the retailer’s duty. Exceptions may apply, so visibility alone does not decide every case.
Texas-Specific Laws and Statutes
In Texas, to successfully claim a slip and fall injury, you must prove that:
- The store had actual or constructive knowledge of the hazard.
- The condition posed an unreasonable risk of harm.
- The store failed to use reasonable care to adequately warn of the condition or make it reasonably safe.
- The store’s failure was the proximate cause of your injuries.
How to Stay Safe While Shopping During Sales Events
Plan Your Shopping Trip
- Shop During Off-Peak Hours: Early mornings or late evenings are less crowded.
- Wear Appropriate Footwear: Non-slip shoes can help prevent falls.
- Stay Alert: Keep an eye out for wet floors, spills, or obstacles.
Be Mindful of Your Surroundings
- Avoid Distractions: Limit phone use while walking.
- Use Handrails: When using stairs or escalators, hold onto handrails.
- Report Hazards: Notify store staff if you notice a potential danger.
Navigate Crowded Areas Carefully
- Maintain Personal Space: Give yourself room to react to sudden stops or obstacles.
- Follow Store Signage: Pay attention to directional signs or warnings.
What to Do If You’re Injured in a Store
Immediate Steps to Take After an Accident
- Seek Medical Attention: Your health is the top priority.
- Report the Incident: Tell store management what happened and ask that an incident report be prepared. Request a copy and keep your own dated notes if a copy is not provided.
- Document Everything: Take photos of the scene, your injuries, and any hazards.
- Collect Witness Information: Get contact details from anyone who saw the accident.
Preserve Evidence
- Keep Clothing and Shoes: They may serve as evidence.
- Save Medical Records: Document all treatments and expenses.
Report the Facts Without Guessing
Give truthful, basic facts when reporting the incident. Do not guess about what caused the fall or the full extent of injuries. Before providing a detailed recorded statement to the store’s insurer or signing a release, consider having the request reviewed. Duties under your own insurance policy may be different.
For help after a store injury, see our San Antonio slip and fall lawyer page.
Filing a Slip and Fall Claim in Texas
Legal Considerations
Texas generally requires a personal-injury lawsuit to be filed within two years after the claim accrues. For a typical fall with an immediate injury, that is usually the date of the fall. Exceptions can change the calculation, including rules for an injured minor. Do not assume that reporting an incident or negotiating an insurance claim extends the lawsuit deadline.
Under Texas proportionate-responsibility law, a claimant found more than 50 percent responsible cannot recover damages. If the claimant is not barred, the damages are reduced by the claimant’s percentage of responsibility. The store must still have breached a duty that applies to the facts.
Proving Negligence
You must prove that the store had actual or constructive knowledge of the dangerous condition before the fall. If the store did not actually know about a spill, evidence of how long it was present can be crucial to showing that the store had a reasonable opportunity to discover it. An employee standing nearby, by itself, does not establish that opportunity.
Useful evidence can include surveillance video, witness observations, inspection records, and earlier reports of the same condition. Ask promptly that relevant evidence be preserved. Do not assume video will be kept for a particular period.
Potentially Recoverable Losses
Potentially recoverable losses, if supported by the evidence and applicable law.
- Medical Expenses: Current and future medical expenses, if recoverable and supported.
- Lost Wages: Compensation for time off work.
- Pain and Suffering: Monetary value assigned to physical and emotional distress.
How Ryan Orsatti Law Can Help
Ryan Orsatti Law represents people injured in Texas slip and fall accidents. The firm can review the property condition, available evidence, and the legal duties that may apply to your claim.
Personalized Legal Support
- Free Consultations: We’ll evaluate your case at no cost.
- Contingency-Fee Terms: Our contingency-fee and case-expense terms are explained below. Review the written fee agreement before hiring the firm.
- Representation: If the firm accepts your case, the team can handle claim communications within the agreed scope of representation.
Contact Us Today
Conclusion
If you were injured in a store, Ryan Orsatti Law can review the facts and explain your options. Contact the firm to request a free consultation.
Source Notes
Wal-Mart Stores, Inc. v. Reece (Texas Supreme Court, 2002): constructive notice and time evidence.
This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.
Hurt in an accident in San Antonio? Learn how a San Antonio personal injury lawyer can help with your claim. Call 210-525-1200 or request a free consultation.
The firm works on a contingency fee. You pay nothing unless the firm recovers money for you, and that covers case expenses as well as the fee: if there is no recovery, you owe no attorney's fee and no case expenses. Ask for the fee agreement and read the fee and expense section before you sign anything.
Related San Antonio legal resources
Primary legal and public-data sources
- Texas Civil Practice and Remedies Code Chapter 16: limitations
- Texas Civil Practice and Remedies Code Chapter 33: proportionate responsibility
Ryan Orsatti Law
4634 De Zavala Road, San Antonio, TX 78249
General reference links. Consult each source for its current text.