Decatur, TX Personal Injury Law Firms & Lawyers

Your wife may be entitled to compensation for her injuries and damages sustained in her fall if she can prove the store was negligent in not preventing your wife's fall. Your wife would basically have to prove that the store knew or should have known about the slippery floor and that they either failed to do something about the slippery floor or warn people about it. Evidence that your wife would look for to help prove these items include, but are not limited to: how large the wet slippery area was; how long it had been there; whether anyone told the store about it; whether it was raining at the time; where the slippery area was in the store; what caused the floor to be slippery, such as water, a spilled product, etc. In addition, your wife's own actions would have to be examined to determine whether her own conduct, primarily whether she kept a "proper lookout" and what efforts, if any, she took or could have taken to avoid the slippery area. If your wife was partially at fault for her fall, her fault is compared with that of the store. To be entitled to compensation, your wife must be less than 50% at fault. In addition, your wife's fault, if any, reduces the amount the store owes based on her percentage of fault. For example, if the case is worth $100.00 and a person is 10% at fault, they would be entitled to $90.00. You do not provide enough information to determine whether the store was negligent and whether your wife's own conduct contributed to her fall. Your wife should contact a personal injury attorney to more fully discuss her case. Most personal injury attorneys offer a free initial consultation so it should not cost her anything to talk to an attorney.

The answer to your question is that it depends. The store has a duty to maintain its store in a reasonably safe condition and to warn you or remove any dangerous conditions. If the store allowed a dangerous condition to remain in its property and it failed to warn or take other steps to protect its customers then it can be found at fault. The next question is, was you wife also at fault. Was she doing anything unreasonable that contributed to her falling. If so then you must compare the fault of the store and your wife. As long as your wife is 50% or less at fault then she is entitled to recover. Her damages however will be reduced for her percentage of fault. Your wife should consult with an attorney who handle these type of cases. You want someone experienced in slip and fall cases and who has actually gone to trial ion this type of case. Usually these type of lawyers do not charge for the initial meeting. Therefore you have nothing to lose in meeting with the attorney. If the attorney thinks she/he can help you then they usually don't charge you anything unless or until they make a recovery.