Walmart Slip and Fall Accident Lawyer in Austin, Texas

Slip & Fall Cases

Slip and fall accidents are quite common, especially in busy retail stores. These mishaps can lead to serious injuries, resulting in big medical bills, lost wages, and sometimes even long-term disability. If you or a loved one has fallen victim to a slip-and-fall accident at Walmart or Target in Texas, it’s crucial to understand your legal rights and how an experienced slip and fall lawyer in Austin can help you through the complex legal journey ahead. In this blog, we’ll explore:

Legal Precedents: Key rulings in Texas regarding slip and fall cases, especially at Walmart.
Legal Rights of Victims: What rights do slip and fall victims have in Texas, and what compensation can they aim for?
Filing a Claim: A step-by-step overview on initiating a slip and fall claim against Walmart in Texas.
Proving Liability: How to establish liability in a slip and fall claim.
Damages Recoverable: The array of damages one can recover in a slip and fall claim in Texas.
Factors Determining Compensation: What factors come into play when determining compensation amounts in slip and fall cases against Walmart in Texas?
Role of a Personal Injury Lawyer: How a personal injury lawyer can be instrumental in filing a slip and fall claim.
Statute of Limitations: The timeline within which you must file a slip and fall claim against Walmart in Texas.
FAQ Section: A summary of common questions regarding slip and fall incidents.

How Can Legal Precedents Shape Your Case?

Prior legal decisions have held that a slip-and-fall plaintiff may recover damages by showing that the store owner failed to use reasonable care to protect customers. If you’re searching for slip and fall lawyers near you, understanding this legal precedent can be crucial in building a strong case. This ruling set a precedent for future slip-and-fall cases, emphasizing the responsibility of store owners to maintain safe premises.

Texas Legal Milestones for Walmart Slip and Fall Cases:

In 2019 the 5th Circuit highlighted factual discrepancies in Walmart’s awareness of a spill that caused a fall, overturning a prior favorable verdict for Walmart. This set a precedent for victims to prove the retailer’s awareness and challenge initial judgments.
In 2021 a court dismissed Walmart’s plea to negate a slip and fall claim, spotlighting concerns about a “green, slimy substance” outside a store. This fortified premises liability claims against Walmart’s dismissal attempts.
In 2021 the 5th Circuit reversed a verdict favoring Walmart, delving into whether Walmart knew about the algae outside its store. This continued the trend of allowing premises liability cases against Walmart to progress.
In 2018 a jury found Walmart 51% at fault for a customer’s fall, affirming a verdict against Walmart, underscoring that juries can hold Walmart chiefly responsible.
In 2016 a court upheld a $150,000 jury verdict for a victim who slipped on a floor mat, underlining Walmart’s liability for unsafe floor conditions.

What Causes Slip & Fall Accidents? Common Causes:

Wet or Slippery Surfaces

Spills, whether from beverages or food, can create slippery spots, leading to falls.

Inadequate Floor Maintenance

If spills or debris aren’t cleaned up promptly, they can pose a hazard.

Cluttered Aisles

Items blocking the aisles can cause people to trip or stumble.

Uneven Flooring

Uneven or damaged floors can be tricky to navigate and cause falls.

Poor Lighting

Insufficient lighting can conceal hazards, making it difficult to spot and avoid them.

Lack of Warning Signs

The absence of warning signs can leave people unaware of potential dangers ahead.

Rushing Customers

Customers hurrying through the store may overlook hazards, increasing the chance of accidents.

Legal Rights of Victims

In Texas, if you experience a slip and fall accident due to a store’s negligence in maintaining safety, you’re entitled to seek compensation for your injuries. This applies to retail giants like Walmart and Target. By law, these establishments are obligated to ensure a safe environment for their customers.

Should they fail in this duty, and you sustain injuries as a result, they can be held accountable. Finding an experienced legal representation to help you navigate your claim is crucial. A slip and fall lawyer in Austin can assess your case and ensure you receive the compensation you deserve.

You can claim compensation for:

Medical bills
Lost wages (if you couldn’t work because of the accident)
Pain and suffering
Emotional stress
Loss of enjoyment of life (if your life got worse because of the accident)
And more

How Do You File a Slip & Fall Claim Against Walmart in Texas?

Dealing with a slip and fall at Walmart can be devastating, but taking the right steps toward filing a claim can make a big difference in getting you the compensation you deserve:

Gather Evidence:
- Collect evidence such as photos, video footage, witness statements, and physical evidence.
- Surveillance footage from Walmart can help establish actual or constructive notice.
Report the Incident:
- Report the accident to Walmart management immediately.
- Ask them to create an incident report with details of what happened.
Seek Medical Care:
- Get medical attention as soon as possible after the fall to have any injuries evaluated and documented.
- Keep records of medical expenses and treatment.
Consult an Attorney:
- Contact an experienced personal injury attorney to assist with the claims process.
- Do not provide any recorded statement to Walmart’s insurance without legal counsel present.
File a Claim:
- The attorney can file a premises liability claim with Walmart’s third-party administrator, Claims Management Inc., providing details of the incident and damages suffered.
Negotiate Settlement or Litigate:
- If Walmart denies liability or makes an unreasonably low offer, the attorney can negotiate more aggressively or file a lawsuit if necessary.
Calculate Damages:
- The attorney will calculate economic and non-economic damages to seek compensation for medical bills, lost income, pain and suffering, and other losses from the injuries.

Proving Liability in Slip and Fall Claims against Walmart in Texas

To make a strong slip-and-fall claim against Walmart, you have to prove Walmart was at fault. Here are the methods to demonstrate liability:

Collect Evidence:
- Take pictures of the slippery floor that caused your fall, get video footage if possible, gather statements from people who saw it happen, and keep any physical evidence (i.e., a broken tile that tripped you).
Prove Actual Knowledge:
- If employees directly created the spill or hazard that caused your fall or were told about it but did nothing, it shows Walmart knew about the danger.
Prove Constructive Knowledge:
- If a spill was on the floor for hours without being cleaned up, it could show that Walmart should have known about and fixed the hazardous condition.
Establish Unreasonable Risk:
- If there was a large spill at the store entrance that wasn’t cleaned up or warned about, it demonstrates an unreasonable risk that Walmart should have taken care of.
Demonstrate Failure in Care:
- If Walmart didn’t promptly remove obstacles from aisles, fix broken flooring, improve poor lighting, provide warnings about wet floors, or check for hazards like protruding shelf edges regularly, it shows a lack of reasonable care in preventing accidents.
Prove Causation:
- For example, you may use medical records and doctor’s testimony to show that your injuries were directly caused by the fall at Walmart.
Overcome Defense Claims:
- If Walmart claims you were careless, be prepared to show evidence that reduces your share of the blame, as Texas law will reduce or fail to award compensation based on your percentage of fault.

What Not To Do After A Walmart Slip and Fall Accident in Texas?

Do not leave the scene without reporting the incident. Report the slip and fall to a Walmart manager immediately and ask them to prepare an incident report.
Do not admit fault or make any recorded statements to Walmart representatives or their insurance without consulting a personal injury attorney first. Anything you say can be used against you.
Do not delay seeking medical attention for any injuries suffered in the fall. Get evaluated and treated promptly, so there is documentation of accident-related injuries.
Do not communicate directly with Walmart’s claims department or accept any settlement offer without an attorney reviewing it first. Walmart will try to minimize claims.
Do not post details about the incident on social media that could negatively impact your case. Keep information limited until consulting a lawyer.
Do not wait long to contact a qualified personal injury attorney. There are strict deadlines for filing claims and lawsuits against Walmart.
Do not throw away or wash any clothing or items involved in the incident, as they could serve as evidence. Preserve the scene as much as possible.
Do not agree to any recorded interviews, medical exams, or other requests from Walmart without consulting your attorney first.

After a Walmart fall, the key is to preserve evidence, promptly treat injuries, avoid statements that could hurt your case, and retain experienced legal counsel. If you’re searching for slip and fall lawyers near you, it’s crucial to find someone who can help you navigate the legal process and ensure you don’t accept an inadequate settlement.

Damages Recoverable in Texas for a Walmart Slip and Fall Claim

Economic Damages:
- Texas does not limit economic damages, which cover actual financial losses like medical bills and lost income. Plaintiffs can recover full compensation for proven economic damages.
- Use medical records, pay stubs, vocational assessments, and other documentation to prove economic damages.
Non-economic Damages:
- Including pain and suffering, mental anguish, disfigurement, physical impairment, and loss of enjoyment of life.
- Texas caps non-economic damages at $250,000-$750,000, depending on the case specifics.
Comparative Negligence:
- If the plaintiff is found partially at fault, damages are reduced by their percentage of fault.
- Plaintiffs cannot recover if found more than 50% at fault.
Exemplary Damages:
- Prove gross negligence, malice, or fraud by clear and convincing evidence to recover additional exemplary/punitive damages meant to punish the defendant.
Pre-judgment Interest:
- Recover interest on past damages accrued from the date of injury/incident to the date of judgment.
- The interest rate is based on the prime rate.
Post-judgment Interest:
- Accrues on the amount of judgment from the date of judgment until paid, with the interest rate based on the prime rate.
Court Costs and Fees:
- Recover court costs, filing fees, and other reasonable legal expenses.

Factors Determining Compensation Amount in Slip and Fall Cases against Walmart in Texas

Severity of Injuries:
- More severe injuries warrant higher compensation, with settlements ranging from thousands to millions depending on injury severity.
Type of Injuries:
- Common injuries include broken bones, head injuries, back injuries, sprains, strains, and lacerations, with certain injuries like brain damage or paralysis typically resulting in higher settlements.
Medical Costs:
- Include bills for treatment, hospitalization, surgery, therapy, and medication.
Lost Income:
- Compensation covers lost wages and lost future earning capacity for permanent disabilities.
Pain and Suffering:
- Subjective non-economic damages are also part of settlements.
Comparative Negligence:
- If the plaintiff shares responsibility it may reduce their compensation.
Premises Liability Laws:
- Proving negligence and dangerous conditions under Texas premises liability laws impacts liability and damages.
Quality of Evidence:
- Strong evidence may increase compensation.
Legal Representation:
- Experienced personal injury attorneys often negotiate larger settlements.
Insurance Coverage:

Walmart’s self-insured status with higher limits compared to typical insurance policies.

The Role of a Slip and Fall Accident Lawyer Near You in Filing a Slip and Fall Claim against Walmart in Texas

From investigating the accident, preserving evidence, and evaluating damages to litigating the case, a slip and fall lawyer in Austin plays a pivotal role in navigating the complex terrain of slip-and-fall claims against formidable entities like Walmart. As a client, here is just some of the work your attorney may engage in throughout your case:

Investigate the Accident:
- Thoroughly investigate the accident by interviewing witnesses, reviewing surveillance footage, photographing the scene, and gathering evidence to prove liability.
Send Preservation of Evidence Letters:
- Send spoliation letters to Walmart to preserve video footage, incident reports, and other evidence related to the slip and fall.
Evaluate Damages:
- Work with doctors to fully evaluate the extent of the client’s injuries and calculate all economic and non-economic damages resulting from the fall.
File Claim with Walmart:
- Formally file a claim with Walmart’s third-party administrator, Claims Management Inc., providing details of the incident and damages suffered.
Negotiate Settlement:
- If Walmart denies liability or makes a low offer, aggressively negotiate a fair settlement through demands, mediation, or other tactics.
Litigate the Case:
- If a reasonable settlement cannot be reached, file a premises liability lawsuit against Walmart and litigate the case through the court system.
Prove Liability at Trial:
- During litigation, work to prove the elements of a slip and fall case, such as Walmart’s negligent failure to maintain safe premises.
Maximize Recovery for Client:
- Build the strongest case possible at every stage to maximize the compensation the client recovers from Walmart.

Statute of Limitations for Filing a Slip and Fall Claim Against Walmart in Texas

In Texas, the timeframe to file personal injury claims, including slip and fall accidents at Walmart, is generally 2 years from the injury date. The clock commences on the incident date. Some exceptions may extend this timeframe, for instance, if the plaintiff is a minor.

Failure to file within the 2-year window may result in forfeiture of the legal right to pursue compensation. This is why consulting a slip and fall lawyer near you as soon as possible after a slip and fall is advisable to preserve evidence, evaluate the case, and file within the statute of limitations if necessary.

Note: If you’re in Austin and need legal assistance, a slip and fall lawyer in Austin can help navigate the nuances of the statute of limitations and determine if any exceptions apply that could extend the filing deadline.

FAQ Section: Walmart & Target Slip & Fall Injury Lawyer in Austin, Texas

Q1: What constitutes a slip & fall injury at Walmart or Target in Texas?

A slip & fall injury refers to an accident where a person slips, trips, or falls due to a dangerous or hazardous condition on the premises. Victims may be entitled to compensation if the store fails to maintain a safe environment.

Q2: What should I do immediately after a slip & fall accident at Walmart or Target?

Seek medical attention, report the incident to the store manager, document the scene if possible, and contact a personal injury lawyer specializing in slip & fall cases.

Q3: How does the legal process work for slip & fall cases in Texas?

The process begins with filing a personal injury lawsuit against the responsible party. It may involve gathering evidence, negotiating with the defendant’s insurance company, and possibly going to trial.

Q4: How do I choose the right lawyer for my slip & fall case?

Look for a lawyer specializing in personal injury law, with a strong track record in slip & fall cases, familiarity with Texas law, a good reputation, and a level of personal attention that makes you feel comfortable.

Q5: Can I sue Walmart or Target for my slip & fall injury?

Yes, you can sue if you can prove the store was negligent in maintaining a safe environment, and this negligence directly resulted in your injury.

Q6: What kind of compensation can I expect from a slip & fall lawsuit?

Compensation can cover medical expenses, lost wages, pain and suffering, and other damages, with no cap on the amount of compensation in Texas, except for medical malpractice cases.

Conclusion

If you or a loved one has suffered an injury due to a slip and fall accident at Walmart or Target, you deserve skilled legal representation. If you’re searching for slip and fall lawyers near me, our dedicated team is prepared to assist you in Texas. At SJ Car Accident & Injury Attorneys in Austin, TX, we specialize in navigating the complexities of slip and fall cases.

Although based in Austin, we handle cases throughout the great state of Texas, offering our expertise to help you obtain the justice and compensation you deserve.

In the daunting aftermath of a slip-and-fall accident, having a seasoned legal team by your side can make a significant difference in the outcome of your case. Don’t navigate this challenging time alone. Contact SJ Car Accident & Injury Law Firm today, and let us advocate for the justice you rightfully deserve.