Q: If I slipped and fell due to a puddle of water in a grocery store, can the store argue I was partially to blame because
I was texting while walking and too distracted to see the puddle as a way to get around paying for my medical bills?
A: As always, the individual facts and circumstances of your case will affect the answer. However, Texas law generally recognizes the idea of comparative fault, meaning that your recovery can be reduced in proportion with your fault for the injury. If you are found to be 51% or more responsible for your injury, then you are generally barred from any recovery.
I’m so sorry you were injured as a result of someone else’s fault. Premises liability cases (also known as “slip and fall” or “trip and fall” cases) occur too often in Texas grocery stores. The grocery stores and their attorneys may try to allege that you share some fault in the incident (also known as contributory negligence). However, keep in mind that the grocery store and their attorneys will never look out for your best interest.
It is in your best interest to hire an experienced personal injury attorney to evaluate your specific case. If you wish to discuss your case with our office, please call me at: 512-220-1800.
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