Facility owners in Texas who fail to properly keep up their properties may be held liable if their negligence causes injuries to other individuals. In one out-of-state case, a woman filed a lawsuit against Sears Roebuck Inc., alleging that the company's carelessness caused her to suffer injuries in a slip-and-fall accident. Sears recently won the premises liability suit.
The woman, who was 75 when the alleged slip-and-fall accident occurred, visited a Sears store to buy clothing items one day. She claimed that, after shopping for half an hour, she entered a fitting room for women and hung three items on a rack. As she was taking off her clothes, the woman reportedly fell to the floor and hurt her hip, left arm and shoulder. The woman asserted that she saw nothing on the floor prior to her fall or after the fall. She is said to have reported the fall to multiple Sears store workers; however, these employees observed nothing on the floor of the fitting room, and photos of the floor were taken.