Do I have a case? And what all would I need to do about getting it resolved? Is suing an option?

Asked about 2 years ago - Killeen, TX

I recently had an accident in a local h-e-b store. I slipped and sprained my right ankle. I slipped on some spilled liquid that had no wet floor sign oor anybody guarding the hazardous area. I called to report the accident because the pain in my ankle got much worse on the way home. I spoke to the store manager and they took my information and then stated that I would receive a call within 24-48 hours of the accident, and that is a call that I never received. I could not go to the hospital because I am unemployed & can not afford health care. So what can I do to settle this?

Attorney answers (3)

  1. Daniel David Horowitz III

    Contributor Level 14

    3

    Lawyers agree

    Answered . Slip and fall cases in Texas can be very difficult to win. The biggest issue is finding some evidence of how the spill ended up on the floor and how long it had been there. Without this evidence, you will not survive summary judgment in Texas. I recommend first going to the emergency room if you are clearly injured. I would then contact a personal injury attorney in your area for a free consultation.

  2. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . The store is only responsible for dangerous conditions that it knew about or should have known about. That means the liguid had to have been on the floor long enough that the store should have found it. If the spil had just happened a few minutes earlier, then that would not have been enough time that the store should have seen it. Unfortunately, you are the one who has to prove how long it had been there. So there would have to be something about the condition of the spill that showed how old it was or there would have to be some evidence that someone else has reported it long enough ago. Most stores have video cameras, and that might help, but the store is not going to be cooperative in giving you information. If your injuries are severe enough, get a lawyer. Most important, get treatment. If you cannot afford care, go to the ER of the county hospital. There are ways to get care when you cannot afford it.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  3. John Gus Zgourides

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with Daniel.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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