Visitor Question

Am I entitled to compensation after falling in a convenience store?

Submitted By: Patti (League City, Texas)

I walked into the corner convenience store in Texas about 6 hours ago. I walked around to where the coolers and chip section is. Apparently the floor had just been mopped because I fell to the floor. There were no caution signs out at the time until I said something.

There were two boys working at the time. As soon as I fell and was still on the floor one boy put signs up around me. I got up not knowing the extent of my injuries and left. This morning my left foot is totally inflamed and bruised. My back, neck and rear end hurt. Is there anything I can do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Patti,

Seek immediate medical attention, your physical well-being is primary. In the event your injuries are serious enough to require continuing medical attention, you may have the basis of a personal injury claim against the store owner.

Your personal injury claim will be based on the legal doctrine of Premises Liability. This doctrine states that a property owner has a legal duty to take whatever action as is reasonably necessary to protect customers from undue harm and injury. The duty extends to mopping up spilled liquids, clearing aisles from debris, providing sufficient lighting, and more.

With two employees apparently working at the time you fell, the store owner cannot rely on an affirmative defense, stating their employees were too busy to see the spill, or that the spill had occurred only a minute before, leaving the employees no time to react.

The fall occurred in a convenience store. Most convenience stores in Texas are not very large. At a minimum, an employee should have seen the spill, whether on in-store real-time cameras, or simply by walking down each aisle. Once notified, one of the employees should have cordoned off the area by placing cautionary signs around it, or simply by mopping up the spill. Apparently this didn’t occur, and as a result, you slipped and fell.

Once you’ve sought medical treatment you will know how serous your injuries are. In the event they are serious you would be well-advised to seek the counsel of several personal injury attorneys in your area. Most will not charge for initial office consultations, and will not charge legal fess until, and unless they succeed in settling your injury claim, or prevailing in court.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

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