Switching Slip and Fall Lawyers in Texas

Changing lawyers in a Texas slip and fall case

Texas lets you discharge your lawyer at any time, for any reason (Hoover Slovacek v. Walton). If you have sued, the new lawyer files a substitution under Rule of Civil Procedure 10.

Our Texas fall cases are handled by Joyce Ondich and John Efstathiou, Beverly Law’s Texas-licensed attorneys. If your fall happened in a large chain store, our Texas store slip and fall page covers those claims in more detail.

What a Texas fall case has to prove

Most people hurt in a store or business are “invitees.” In Corbin v. Safeway Stores, the Texas Supreme Court listed what an invitee must prove:

1. The owner had actual or constructive knowledge of a condition on the premises.
2. The condition posed an unreasonable risk of harm.
3. The owner did not use reasonable care to reduce or remove the risk.
4. That failure caused your injuries.

The first element is where most fall cases are won or lost. Proving that a spill was there long enough for staff to notice usually takes video, sweep logs or a witness. When we review a file from another firm, we look for that proof first.

Store video and other evidence that gets erased

Many stores run cameras on a loop. In Brookshire Bros. v. Aldridge, the store’s system recorded over footage after about 30 days, and only about eight minutes around the fall were saved. The rest of the day was lost. The Texas Supreme Court held that the duty to preserve evidence arises when a party knows or reasonably should know there is a substantial chance a claim will be filed.

When we take over, we check whether a preservation letter was sent and what it asked for. Saving only the moment of the fall may not be enough. Footage from earlier in the day can show how long the hazard was there. Other things to request early:

• The store’s incident report and any employee statements.
• Inspection or sweep logs for that aisle or area.
• Names of employees on shift.
• Your shoes and clothing from that day, kept as they are.
• Photos of the floor, lighting and any warning sign, or the lack of one.

Fault and the 51% bar

Property owners in Texas often argue the hazard was open and obvious or that you were not watching where you walked. Under Civil Practice and Remedies Code § 33.001, you recover nothing if you are found more than 50 percent responsible. Otherwise, your award drops by your percentage (§ 33.012). A new lawyer should know what you told the store manager and the insurer, since those statements are often used to argue fault.

Deadlines for Texas fall cases

The general limit for a Texas injury suit is two years (§ 16.003). Falls on government property, such as a public building or city sidewalk, are different: the government is entitled to written notice within six months (§ 101.101), and city charters can require it sooner. If you fell at work, the rules may differ again; see workers’ comp vs. a personal injury claim.

Fees when you change slip and fall lawyers

Coming to Beverly Law mid-case does not increase what you pay in fees. Any fee your old lawyer earned is paid out of ours. Costs the old firm advanced are normally repaid from the recovery like any case cost, and with no recovery you owe us nothing.

The reason for the switch counts in Texas. Fire a lawyer without good cause, and that lawyer may still seek the contract fee under Mandell & Wright v. Thomas, limited by Hoover Slovacek’s bar on unconscionable fees. If the lawyer let the case sit without action, Rocha v. Ahmad limits the old lawyer to the reasonable value of the work done. We go over your reasons with you first.

If you signed a release and the case settled, we cannot help reopen it.

If the store’s insurer already made an offer

Fall cases are often handled by the store’s own claims company, and early offers are common. An offer does not lock you in. Until you accept and sign a release, you can still change lawyers, and the new lawyer can review whether the offer reflects your medical care and any future treatment. Do not sign anything the insurer sends you while the change is in progress. Our page on firing a lawyer before settlement covers this in more detail.

Next step

Ask your current lawyer whether the store was told to save the video and which footage it kept. If you cannot get an answer, a free review with us costs nothing. Reach us through our contact page, or read the full Texas switching guide.

Sources

1. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (courtlistener.com)
2. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (courtlistener.com)
3. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984) (courtlistener.com)
4. Texas Rule of Civil Procedure 10 (txcourts.gov)
5. Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983) (courtlistener.com)
6. Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014) (courtlistener.com)
7. Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
8. Tex. Civ. Prac. & Rem. Code § 33.012 (statutes.capitol.texas.gov)
9. Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
10. Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)