Thursday, April 27, 2017

Texas Woman Gets Walmart Premises Liability Lawsuit Filed in the Nick of Time

Originally published by Texas Personal Injury News.

A recent personal injury lawsuit involving mega-retailer Wal-Mart serves as an important reminder of the importance of the state statute of limitations. The lawsuit, which was filed just days before the two-year deadline for injury claims, sets out a series of factual allegations against the store which could possibly result in a lucrative resolution for the plaintiff. However, had the plaintiff missed the deadline – no matter how inadvertent – the law generally imposes a bar on recovery, provided certain “tolling” defenses are not available.

According to the complaint, the plaintiff was shopping in a Beaumont-area store in April 2015 when she suddenly toppled to the ground after stepping in water in the entryway. As a result of the fall, the plaintiff reportedly broke her hip and had to endure a great deal of pain during her recovery. While the store maintains it properly warned guests that water was present on the ground, the plaintiff asserts that these warnings were placed inside the store such that a shopper would not have seen them in time.

Under Texas law, an injured plaintiff has two years from the date of an alleged incident to file a claim for damages. If the injury occurs as a result of medical malpractice, the statute begins to run on the date the plaintiff discovered the mistake (or reasonably should have discovered the mistake).

As mentioned above, the concept of “tolling” works to “stop the clock” with regard to a statute of limitations in certain limited circumstances. For instance, if a plaintiff is mentally incompetent for a period of time following the injury, that period of time will not “count” towards the total time period. Likewise, in many cases, statute will not begin to run with regard to a minor plaintiff until the plaintiff reaches the age of majority.

If you recently experienced an injury, don’t delay – speak to a reputable personal injury attorney right away!

Contact Chandler Mathis & Zivley today!

To make an appointment to discuss your recent experience, please call us right away: 1-877-739-7744.


Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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