A recent Texas Supreme Court decision, Albertsons, LLC v. Mohammadi, has provided important clarity on when a store owner is responsible for customers slipping and falling in a store and the broader implications for these types of cases. If you have been injured from a slip and fall in a retail store, our San Antonio slip and fall accident lawyer can help determine liability.
Common Causes of Slips and Falls in Stores
Stores can pose various dangers if the property owner does not take appropriate measures to mitigate them. Common causes of slips and falls in stores include:
- Spills from food or drinks
- Uneven flooring
- Inadequate lighting
- Missing or broken handrails or steps
- Potholes in parking lots
- Cracked sidewalk or pavement surrounding the store
- Negligent maintenance of the property
Legal Elements You Must Prove in a Retail Slip and Fall
To win a slip and fall case, you must prove the defendant:
- Owed you a duty of care
- Breached the duty of care
- Caused the slip and fall by breaching the duty of care
- Made you suffer damages due to the slip and fall
Texas law acknowledges that business owners have a duty to protect customers from dangerous conditions. However, this legal duty does not extend to make them insurers of customer safety. The duty of care involves a careful scrutiny of the business’ role in protecting customers and the foreseeable nature of potential injuries these customers may suffer. Determining liability for a slip and fall accident can be challenging, but when it occurs in a retail store, it can add layers of complexity.
Legal Analysis of Knowledge
One of the most hotly contested aspects of retail slip-and-fall cases is whether the property owner knew about the dangerous condition that caused the accident.
Here’s how the Texas Supreme Court recently evaluated a premises liability case: A personal injury claimant slipped and fell after stepping in a puddle of water in a grocery store by a shopping cart the store used to store returned items. She said that a leaking bag in the cart caused the puddle, and the store failed to warn her about the hazard. The store denied that the floor was wet.
The trial jury determined that the store did not have constructive knowledge of the danger. Even though an employee knowingly placed a leaking grocery bag in the shopping cart, the Texas Supreme Court held that the store did not have actual or constructive knowledge of the dangerous condition that caused the fall. Actual knowledge requires specific evidence that the dangerous condition existed at the time of the accident, and this was not offered at trial. The plaintiff had a duty to show that the owner knew about the wet floor, not just the leaking bag. The court also reasoned that the shopping cart method of accepting returned items was not inherently dangerous.
Legal Complexities Involved in San Antonio Retail Slip and Fall Cases
The Albertson’s decision narrowed the scope of a store’s liability. Plaintiffs must be able to present clear evidence of actual knowledge that relates to specific dangerous conditions that caused the injury, not just a general knowledge of a situation that might have led to a dangerous condition.
The Texas Supreme Court emphasized that a company’s policies and practices are critical in analyzing liability. Business owners should conduct periodic reviews of their policies and procedures, update them as necessary, ensure adherence to these policies, and document compliance. An experienced San Antonio injury attorney can carefully review these policies and other records to determine if the property owner knew or should have known about the dangerous condition that injured you.
Contact Us for a Free Case Review About Your San Antonio Retail Store Slip and Fall Case
If you would like help in establishing liability in a retail store slip-and-fall case, contact George Salinas Injury Lawyers for a free consultation by calling (210) 987-9498.