Comfort, TX Personal Injury Law Firms & Lawyers

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.

Be very careful. You should have an attorney read your insurance policy. Many have rights of reimbursement or subrogation of any medical payments for any amounts you collect from other insurance companies. If you have collected medpay and do not pay back, you could be subject to a lawsuit from your insurance company.