What to do After A Fall
Report the Incident to Fiesta Mart
The first thing you should do after a slip and fall in Fiesta Mart is report the incident to a store manager or someone with authority. When you report the incident to a store manager, it will trigger them to take down a report of what happened and investigate the cause. Make sure that you take down the names of any witnesses or employees in the area that might have created or seen what created the slippery condition that caused your fall. Be sure that you get a copy of Fiesta Mart’s report for your records before you leave the property. Additionally, you should ensure that the report includes what happened and what led to the accident.
Maintaining Evidence
After you slip and fall at Fiesta Mart, take a moment to collect yourself, and, if you are physically able to, take pictures of the scene. Try to take pictures of what caused your fall and what might have caused the slippery conditions. In Texas, supermarkets like Fiesta Mart are not obligated to preserve the evidence from an accident or the camera footage of the accident until the injured party sends them a preservation of evidence letter stating not to destroy the evidence. Once you leave the store, you cannot trust that Fiesta Mart will preserve any evidence that would make them liable for your injuries. Thus, it is best to take your own pictures of the scene and possible causes of the slippery conditions. Additionally, in order to preserve the video footage of your accident, you will need to send Fiesta Mart a notice to preserve the evidence. When sending Fiesta Mart a non-spoilation letter, you need to specify that you want the video to include the full 24 hours leading up to the incident. If you do not include that you want the 24 hours prior to the accident in the letter, Fiesta Mart may only save the footage starting at the time of your incident, which will make it extremely difficult to figure out what caused the slippery condition and how long it was there for. Moreover, supermarkets like Fiesta Mart generally “recycle” their video footage every 30 days, so it is best to send in a non-spoilation of evidence letter as soon as possible. Thus, to ensure that you send the proper non-spoilation of evidence letter to Fiesta Mart before they recycle their footage, you need to hire an experienced Fiesta Mart slip-and-fall attorney to ensure that Fiesta Mart does not get rid of the footage you need for your case.
Seek Medical Attention
Following a slip and fall accident, you need to seek medical treatment. If you are in too much pain to move, stay there and call for help or get a bystander to find help. If you can move, try to get up and go to the doctor. Even if you do not feel like you were hurt, you still need to visit a healthcare professional. Slip and fall accidents can cause serious injuries that you may not feel directly after the incident due to the adrenaline rushing through your system. Injuries can take hours, days, or weeks to start affecting you, so it is best to seek treatment immediately to ensure those hidden injuries are treated before they become too painful. Additionally, visiting a doctor will give you an official record of the injuries you sustained, which will serve as crucial evidence to support your claims if you choose to file a personal injury lawsuit. Additionally, you should make sure to keep documents such as reports about your diagnoses and treatment, all medical bills, invoices, and receipts related to the incident, and rehabilitation or physical progress reports and bills, which will help show the severity of your injuries from the slip and fall accident at Fiesta Mart.
Call a Fiesta Slip and Fall Attorney
Many people do not realize how difficult grocery store slip and falls can be. Never try to deal with a grocery store slip-and-fall incident alone. Supermarkets such as Fiesta Mart have insurance companies that will do anything in their power to prove that they are not liable for your accident. Their insurance company may call you and try to get you to give a statement that could be used as evidence to deny your claim. At Simmons and Fletcher, P.C., we understand the pain and suffering you have been through and will do everything we can to make a recovery on your cause. Our experienced attorneys have dealt with numerous supermarket slip-and-fall cases and know how to handle tricky insurance companies. If you or a loved one have been injured in a slip and fall as a result of the property owner’s negligence, call a lawyer who handles Fiesta Mart slip and falls. Our firm has been helping victims of slip and fall accidents recover for over four decades. Call us today at (713) 932-0777 for a free consultation to discuss your case.
What Can I Recover After a Slip and Fall Accident at Fiesta?
What you can recover from a slip and fall accident can vary depending on the extent of your injuries and the cost of your medical treatment. In a slip and fall accident, there are two types of damages you may be entitled to: special damages and general damages. Special damages include the financial damages you incurred after the accident. These damages can include:
- Lost wages
- Current and future medical expenses
- Rehabilitation expenses
- Therapy and equipment costs, and;
- Household services, such as an in-house nurse
General damages are meant to cover the losses that are not specifically monetary but still result from an injury due to someone else’s negligence. General damages can include:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Mental health problems, such as anxiety and depression, and;
- Disfigurement
Hire Simmons and Fletcher, P.C. to Fight Fiesta
At Simmons and Fletcher, P.C., our attorneys work on a contingency fee basis. On a contingency fee basis, our clients pay nothing upfront. We will front the costs for an investigation and collect the data we need to make a recovery on your case. We will only charge you for our attorney fees and our expenses if we are able to make a recovery on your case. The consultation to talk about your case and legal options is 100% free. To discuss your case and rights, call (713) 932-0777 for a free consultation.
FAQ's
What do I do if Fiesta Mart’s Insurance Company Asks for A Statement?
It is not uncommon for Fiesta Mart’s insurance company to reach out following a slip and fall incident at one of their stores. Often, the insurance company will call you to request additional documentation of what happened, your medical records, and sometimes a recorded statement from you. If their insurance company asks for a statement, do not give them one without your attorney present. Although the person on the other end of the line may come off as kind, their job is to find anything that may be used to deny your claim. By giving them a recorded statement, you may accidentally admit or say something that could get your case denied.
Is Fiesta Mart Liable if I am Injured on Their Property?
Fiesta Mart is not automatically held liable if you get injured on their property. Many people do not realize that getting hurt on someone else’s property does not make them liable for your injuries. In Texas, property owners are required to inspect their property for any potential hazards or defects and warn their customers of the dangers that have been brought to their attention before an incident occurs. If the store does not properly handle or warn its customers about potential hazards, it could result in a premises liability claim if someone gets injured. In order for Fiesta Mart to be responsible for your injuries, you need to prove a premises liability case by showing that they were aware of the dangerous condition before you were injured and that they did not act reasonably to clean it up or warn you. To recover from a premises liability case, you need to prove that 1) There was a duty owed by Fiesta Mart, 2) They breached that duty, 3) There was proximate cause on Fiesta Mart’s behalf, and; 4) There were damages as a result of Fiesta Mart’s negligence. Additionally, you must also prove that you were exercising reasonable care and were not aware of the dangerous condition. Thus, it is important not to make hasty remarks to any manager, employee, or insurance adjuster such as “I must not have been watching where I was going” that can be used against you. If you were injured as a guest at Fiesta Mart or any other supermarket, you should discuss your case with an experienced Houston premises liability lawyer to determine what your legal options are.
