Can mall visitors in Fort Worth Texas sue a store after a fall leads to bodily harm?

Texas – January 6, 2022

Victims of a fall accident can be left with minor injuries or devastating injuries. The more severe of these injuries may require medical treatment and prolonged therapies toward full recovery, although there are times when full recovery is not attainable and damages will need to address any negative changes to a victim’s pre-injury lifestyle. Malls must ensure safe premises for visitors. If a mall visitor slips and falls as a result of a known hazard that could have been avoided, they have a right to sue for damage compensation. Fall victims should consult with knowledgeable personal injury attorneys in Fort Worth to determine legal actions when warranted. The areas of a mall that are covered in these cases include:

Mall parking lots and sidewalks.
Mall entrances and exits.
Food vendor areas.
Mall bathrooms.
Any mall store or department.

Damage compensation.

Accident attorneys can help fall victims determine if they need to sue for economic and non-economic damages after a fall that leads to debilitating injury. According to data from the Centers for Disease Control and Prevention falls are costly and widespread, and often leave victims with residual debilitating medical problems, or result in death. Injured parties should talk to experienced personal injury attorneys at Cooper Law Firm who can calm concerns they may have about seeking compensation for damages related to the fall that insurance will not pay.

Premise liability for falls.

A property owner, a lessee, and a government entity are required to maintain safe conditions for visitors and evidence must be gathered to support a claim of negligence after a fall, including photos of the dangerous scene, witness testimony if someone saw the fall, accident reports, medical records and any other relevant evidence leading up to the cause of the fall.

Insurance recovery.

Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% , or more responsible for the accident, there will be no recoverable compensation. Slip and fall cases in Texas fall under a category referred to as premises liability cases. If the fall was caused by any action, or inaction by the injured party that can be proven, the award of damages may be reduced by the assigned amount of fault placed upon the injured party. Under the premise of comparative fault, a person can recover for injuries:

if they slip and fall on a transitory (not permanent) substance; and
the property owner should have remedied that situation.

It is important for fall victims to understand that they only have a limited time to take legal action against any negligent parties. The Texas statute of limitations for personal injury and wrongful death actions is two years from the time of the injury, or death. Government entities require a shorter filing time at 180 days for tort claims and cap damages, depending upon the government unit involved.

Hire a lawyer.

Personal injury lawyers in Fort Worth can assist in the recovery of compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or companionship.

Cooper Law Firm
N. Eric Cooper
Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://www.tdi.texas.gov/wc/index.html

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://www.cdc.gov/nchs/fastats/accidental-injury.htm

https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html