Fiesta Mart Sued Over Slip and Fall Accident
A Texas Fiesta Mart is being sued after a customer alleged that they slipped and fell on soap at one of their Houston stores. The complaint was filed in October and alleges that the store was negligent for allowing the dangerous condition to remain on the premises.
Norman Griffin alleges that he slipped on what he believed to be a liquid soap spill sustaining injuries as a result of the fall. Griffin maintains that he suffered injuries to head, hip, back, leg, and shoulders that led to impairment and pain. He maintains that he incurred medical expenses as a result of the accident and should be compensated for his pain and suffering.
The plaintiff further alleges that there were no warning signs in the area to demarcate the dangerous condition.
Examining Texas’ Slip and Fall Laws
Every state has some sort of statute regarding slip and fall accidents. A proprietor or homeowner is liable in cases where they either knew or should have known that a slipping hazard existed. They are also liable in cases where they created the slip hazard and then neglected to do anything about it.
If the case is against a proprietor, a plaintiff has two options. They can either file a claim on the proprietor’s general liability policy or file a lawsuit directly against the company. If the claim is against a homeowner, the plaintiff would file a claim on their homeowner’s insurance policy.
In Texas, a plaintiff must show that it is more likely than not that the slip and fall was the result of the defendant’s negligence. Typically, this means proving that they had actual or constructive knowledge of the hazard or that they caused the hazard themselves.
Proving negligence can sometimes be tricky. A plaintiff is tasked with the responsibility of proving what the defendant did or did not know or should have known. For instance, proprietors are expected to ensure that areas around drink dispensers have mats or otherwise free of slip hazards as these areas are a very likely place where slip hazards can be.
Logistically, stores such as Fiesta Mart have cameras on premises that can show who caused the accident. If it turns out to be another customer that caused the accident and the store’s employees had no time to respond to the slip hazard, the plaintiff may be out of luck. If the hazard was caused by one of the employees transporting liquid soap from one place to another, then the plaintiff’s case is all but proven.
The plaintiff’s argument will rely heavily on what the video shows. Even if the employees didn’t cause the accident, the proprietor may still be liable if the employees saw the slip hazard and didn’t respond immediately.
Talk to a Houston Slip and Fall Accident Attorney
If you’ve been injured on premises where a proprietor or their employees allowed a dangerous condition to persist, the Houston personal injury attorneys at Livingston & Flowers can help you recover damages related to your injuries. Talk to us today for a free consultation.