Legal Question in Personal Injury in Texas

personal injury

My husband was injured bowling. His foot stuck at the fowl line and the momentum carried his body foreward. There was nothing found on the bottom of his foot. He required surgery and was off work 7 weeks. The bowling alley has a posted sign stating not responsible for injuries. Do we have a case against them?


Asked on 2/26/09, 4:59 pm

2 Answers from Attorneys

Scott Kinsel Law Offices of Scott C. Kinsel, P.C.

Re: personal injury

In Texas, to prevail in a "slip and fall" case you have to prove that the premises owner had actual or constructive knowledge of an unreasonably dangerous condition. In your husbands case, I don't think you can prove that the fowl line or wax on the lane - the only possible causes of the fall - are unreasonably dangerous.

The judge-made slip and fall laws in Texas are very demanding and protect the premises owner, not the patron or customer.

Regards,

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Answered on 3/01/09, 12:17 pm
Dan Street Street Law Firm

Re: personal injury

A sign posted by a business that it is "not responsible for injuries" is completely invalid in Texas. However, all injury claims are based upon your ability to prove "negligence" against the other party. Simply stated, "negligence" is doing something you should not have done, or failing to do something you should have done, and thereby causing damages to someone else. If you cannot prove that the accident was caused by the negligence of the bowling alley, you have no case, no matter how severe the injuries. The question to ask your husband is, "What did the bowling alley do, or fail to do, that caused your accident?" If the answer is "Nothing" or "I don't know," then you probably have no case.

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Answered on 2/26/09, 5:57 pm


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