Linda Mirelez v. Wal-Mart, Inc.

San Antonio, Texas personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.



This case was filed in the 288th Judicial District Court, 2023CI17975, and was removed to federal court by Wal-Mart.



Texas Premises Liability Law Overview:



Key Principles:



Duty of care: Texas property owners or occupiers owe a duty of care to maintain their premises in a reasonably safe condition for invitees and licensees. This means taking reasonable steps to prevent foreseeable harm.

Invitees: Individuals invited onto the property for the owner's benefit (e.g., customers, guests) receive the highest duty of care. The owner must actively inspect for hazards and take steps to fix them.

Licensees: Individuals on the property with the owner's permission but not for their benefit (e.g., social guests) receive a lower duty of care. The owner must warn of known dangers and avoid creating new ones through reckless acts.

Trespassers: Generally, Texas has limited liability towards trespassers, excepting situations where:

The owner knew of their presence and failed to warn them about hidden dangers.

The owner intentionally or recklessly injured them.

The trespasser is a child and the owner had an attractive nuisance on the property (e.g., swimming pool).



Breach of Duty:



To succeed in a premises liability claim, you must prove the owner or occupier breached their duty of care. This could involve:



Failing to maintain the property in a safe condition (e.g., broken stairs, slippery floors).

Failing to warn of known dangers (e.g., unmarked construction zones, hidden potholes).

Creating a new hazard through their actions (e.g., leaving tools unattended, spilling liquids).



Proximate Cause:



The breach of duty must directly cause your injury. In simpler terms, your injury wouldn't have happened but for the owner's negligence.



Damages:



If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:



Medical expenses

Lost wages

Pain and suffering

Emotional distress

Loss of enjoyment of life

Property damage

Settled for an undisclosed sum and dismissed with prejudice.