Hurt After an Accident at a Retail or Grocery Store? Contact The Adley Law Firm Today for a Free Consultation
Accidents can happen even in your favorite Texas stores – whether it’s a slip on a wet floor at H-E-B, a trip over debris in Walmart, or an injury from a fallen item in Costco. If you get hurt while shopping due to the store’s negligence, you have the right to seek compensation for your injuries. Knowing exactly what steps to take after a store injury is crucial. The following guide breaks down clear, practical steps to protect your health, gather evidence, understand liability, and prepare to sue a store for injuries in Texas.
- Seek Immediate Medical Attention Your health and safety come first.
- If you’re injured in a store, get medical help right away. If the injury is serious, have someone call 911 or request an ambulance. Even if you feel okay, some injuries (like concussions or internal injuries) might not show symptoms immediately. A doctor’s evaluation creates a record of your injuries and ensures you receive proper treatment. This medical documentation will also serve as important evidence if you decide to pursue a claim.
- Report the Incident to Store Management
- Before you leave the store (if you are able), notify the store management or a supervisor about the accident. Reporting the injury immediately is important for a few reasons: it alerts the store to the hazard, creates an official record of what happened, and establishes timing. Ask the manager to file an incident report and request a copy for your records. Be factual and concise when explaining how you got hurt. Include details like where exactly it happened and what caused the injury.
- Document the Scene and Collect Evidence
- If you can safely do so, gather evidence at the scene of the accident. Strong evidence will support your claim by showing what caused your injury and that the store was at fault.
- Gather Contact Information from Witnesses
- Did anyone see you get hurt? If other shoppers or store employees witnessed your accident, get their contact information before leaving the scene. Witnesses can provide neutral, third-party statements about what occurred and the store’s conditions, which can greatly support your claim.
- Keep Detailed Records of Your Injury and Expenses
- Building a strong case means tracking all the damages you suffer from the incident. Start a file for your incident and keep copies of everything related to it. Important records and documents include medical records, out-of-pocket expenses, lost wages documentation, the incident report copy, and communication logs.
- Understand Store Liability and Negligence in Texas
- It’s important to understand who may be liable for your injuries and under what circumstances. In Texas, stores and other businesses have a legal duty to maintain a safe environment for their customers. This area of law is known as premises liability.
- Consult a Texas Personal Injury Lawyer
- Once you have addressed your immediate medical needs and reported the incident, it’s wise to contact a personal injury attorney – especially one experienced in Texas premises liability cases – as soon as possible. Suing a large store or retail chain often means you’ll be dealing with corporate lawyers and insurance adjusters whose job is to pay you as little as possible.
Be Mindful of Texas’ Statute of Limitations
Texas law sets a time limit on how long you have to file a lawsuit for a personal injury. In Texas, the statute of limitations for a store injury (premises liability) case is typically two years from the date of the accident. This means you generally must file your lawsuit within two years of getting hurt, or you could lose your right to sue at all.
Proving Negligence in a Store Injury Case
To win a lawsuit against a store, you need to prove that the store was negligent. This involves demonstrating several key factors. First, you must establish that the store owed you a duty of care—businesses are responsible for maintaining reasonably safe premises for their customers. Next, you need to show that the store breached that duty, meaning a hazardous condition existed due to their negligence. This could include uncleaned spills, loose floor tiles, poor lighting, or overcrowded aisles.
Additionally, you must prove that the store’s negligence directly caused your injury—for example, slipping on an unmarked wet floor. Finally, you must show that you suffered damages, such as medical bills, lost wages, or pain and suffering. Without clear evidence of these elements, it may be difficult to hold the store accountable.
Store Defenses Against Injury Claims
Retailers and their insurance companies often attempt to minimize liability by using common defenses. One frequent argument is comparative negligence, where they claim you were partially responsible for the accident, which could reduce your compensation. They may also argue that the hazard was open and obvious, suggesting that a reasonable person would have seen and avoided it.
Another common defense is lack of store knowledge—the store might claim they were unaware of the dangerous condition and did not have enough time to fix it. Lastly, they may try to shift blame by arguing that your injuries were pre-existing and not caused by the accident. Understanding these defenses can help you prepare for possible counterarguments in your claim.
Surveillance Footage & Security Cameras
Many stores have surveillance cameras that may have captured the accident. However, stores are not required to voluntarily provide this footage unless it is formally requested in a lawsuit. If you believe surveillance footage exists, it is crucial to act quickly, as many businesses regularly delete or overwrite recordings after a short period. Requesting video evidence early can be a key piece of proof in your case.
Contact The Adley Law Firm for a Free Consultation
Suffering an injury in a store can be an overwhelming experience – you’re facing medical bills, pain, and uncertainty about what to do next. By taking the steps above, you will protect your well-being and strengthen your potential lawsuit against the store responsible for your injuries.
If you or a loved one were injured at a store like H-E-B, Walmart, Costco, or any other retail establishment in Texas, The Adley Law Firm is here to help. Our experienced personal injury attorneys understand the ins and outs of Texas premises liability law and have a track record of advocating for injured clients. Contact us today for a free consultation – we’ll review your case, answer your questions, and guide you on the path to recovery and justice.
