Slip and fall accidents  have become a daily concern to Austin’s supermarket shoppers.  The most common slip and fall is around the grape display.  Those sweet pieces of summer fruit tend to fall out of their wrappers and out of baskets and when stepped on cause terrible injuries.

Another place to watch out for when entering or exiting an establishment is the entry rug.  Many times, these rugs become bunched up and many clients have injured themselves in that location.  Finally, spilled clear liquids on the floor are another common place where injuries occur.

Sadly, Texas law favors the landlord and does not strongly support the little guy.  The conservative Texas Supreme court ruled that in order for a Slip and Fall case to have merit the landlord must have, “actual or constructive knowledge of the defect”.  What does that mean?  In all practical effects it means that the store must have known (or should have known) of the problem BEFORE you fell and decided to ignore it.  This has become a very difficult standard to uphold.  if you are involved in a slip and fall accident get photos of the scene, witness information, employees name and statement, fill out an incident report, call EMS if necessary, and seek medical care immediately.

Although we take on about 1/500 Slip and fall cases, you are free to call and I will personally discuss your matter with you.

 

 


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Frequently Asked Questions

Can you sue a homeowner if you fall on their property?
You can always sue anyone for virtually anything, the question you should really be asking is: Should you? If you fall at someone else’s house, there are several things to consider before you sue, first: were you injured? If so, second: does the homeowner have homeowner’s insurance on the property? Or, if they are renting, do they carry renters insurance? If there is no insurance, do they have assets that can be used to compensate you if you were injured? These cases require an attorney to investigate and advise you on the best course of action. If you have been injured at someone else’s house and you were injured, call Funk and Associates to discuss the case.

If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?
You can always sue the city, the question is should you? It depends, on the facts of the incident and the damages you have suffered. Claims against the city are different than claims against individuals. There are prerequisites to suing the city, including putting them on notice, among others. In addition, damages may be capped at a certain amount in some situations, while the city may have immunity from any claims in others. For these reasons, it is absolutely necessary for you to contact a personal injury lawyer in Austin as soon as possible if you have been injured and you believe the city is responsible. Time is of the essence on these type of cases.

Is the store owner responsible if I slip, fall and suffer an injury inside the store?
Maybe. It depends on the nature and circumstances surrounding the fall. If you fell due to some sort of hazardous condition, the answer may be yes. However, if you fell due to some sort of horseplay or intentionally fell, you will not be able to recover for your claims. If you believe you were injured due to a hazardous condition inside a store, you should contact a personal injury lawyer in Austin to discuss your case. A lawyer will be able to advise you and assess if you have a claim and how to recover for your damages.

What are common causes of slip and fall injuries?
A slip and fall injury can occur at any time on any surface. Common cases can result from a wet floor due to a spill or rain/snow, a torn carpet, uneven sidewalk or pavement, ice, or just plain clumsiness. Further, certain areas require different precautions; for example, mats around the grape island in a supermarket. If you have been injured due to a fall of any kind, or something you think may have been a hazardous condition, you should contact a personal injury lawyer at Funk and Associates to discuss your case today.