The day of your slip and fall accident started as any other day. You were on a trip to the grocery store, having a meal at a restaurant, or attending an event — engaged in a perfectly innocent, routine activity that should have been safe for you.
But suddenly, somehow, you lost your footing. Maybe the floor was freshly mopped with no warning sign. In any case, you fell hard, turning your normal day out into a life-altering nightmare.
Slip and fall accidents exemplify how a momentary lapse in someone else’s responsibility can have devastating consequences. If you were the victim of one, you’re probably facing a whirlwind of doctor’s appointments, physical pain, and medical debt. You might be feeling overwhelmed, frustrated, even angry.
That’s all understandable — you’re not alone in feeling that way. It’s horrible to think this could have been avoided if someone had simply done their job. On the flip side, this very fact is key to a successful personal injury claim: proving negligence by demonstrating how someone else’s carelessness led to you getting hurt.
How Do You Prove Someone Else Is Responsible for Your Fall?
In Texas, property owners have a legal duty to maintain their premises in a reasonably safe condition for visitors. It’s called premises liability.
Proving negligence in a slip and fall case generally boils down to four elements:
- Duty of Care: The property owner owed you a legal duty of care, which varies depending on your status on the property
- Breach of Duty: The property owner didn’t maintain a safe environment for you, either by leaving hazards unaddressed or failing to warn you
- Causation: This establishes the clear link between the property owner’s breach of duty and your slip and fall accident and injuries
- Damages: What you suffered as a result of your accident, including medical expenses, lost wages, and pain and suffering
Basically, when a property owner doesn’t uphold their duty, and that leads to an injury, they can be held liable.
Building Your Slip and Fall Case
Right now, something as complex as proving negligence might be the last thing on your mind — you’re just trying to recover, adjust, and pick up the pieces of your life in the wake of what happened. Although it’s demanding, taking the time to be diligent and methodical in the aftermath of your injury is key to the success of your claim.
The first step is something you might have already done: seeking medical attention. It’s important not only because your health should be your top priority but also because it immediately establishes a credible record of your injuries, which is crucial evidence.
Always get checked out by a doctor after a slip and fall accident, even if you think your injuries seem minor. Sometimes, the true extent of them doesn’t emerge until days or weeks after the incident.
You don’t want to deny yourself medical care only to end up with delayed pain or new symptoms later on. At that point, if you weren’t already seeking care, it’s much easier for opposing counsel to argue that your condition has nothing to do with your accident, even if that’s inaccurate. So start on that paper trail right away.
Similarly, keep detailed records of everything. In addition to medical records, take photos and videos of your injury and the scene of the accident, capturing the hazardous conditions, like a wet floor, uneven pavement, or broken stairs, that caused your fall. Try to get the names and contact information of any witnesses for a statement.
Make sure you keep the clothing and shoes you were wearing — don’t wash or discard them, especially if they were stained or damaged in your fall. They might help reflect the conditions at the scene.
Next, document your losses on an ongoing basis. This should encompass medical bills, lost wages, transportation costs, and any other out-of-pocket expenses relating to treating your injury or coping with the new limitations it imposes on your life.
FAQ
What Is the Statute of Limitations for a Slip and Fall Claim in Houston?
In Texas, you generally have two years from the date of your accident to file a personal injury lawsuit — but the sooner you act, the better, especially since key evidence, like witness testimony, will be better preserved.
What if I Was Partially Responsible for My Fall?
Texas follows a modified comparative negligence rule. If you’re found to be less than 51% at fault for your accident, you’re still entitled to damages that will be reduced depending on your degree of responsibility.
Do I Need to Report My Accident to the Police?
While it can be helpful to have police at the scene in the event of a slip and fall, an officer may not come to the scene to fill out a report, especially if it happens on private property.
What Kind Of Damages Are Compensated in a Successful Slip and Fall Case?
Eligible damages usually include medical expenses, lost wages, lost earning capacity, pain and suffering, property damage, and loss of consortium.
A Skilled Slip and Fall Lawyer Can Help You Get Back on Your Feet
Navigating a personal injury claim is a deeply sensitive process. You’re not only reliving something truly terrible that happened to you and even set your life off-course — you’re also dealing with the often cold-hearted scrutiny and skepticism of insurance adjusters and opposing counsel.
You need an ally in this fight. The skilled slip and fall attorneys at Ramsey Law Group understand what you’re facing. Let us bear some of the burden for you and fight for the compensation you need and deserve. Call us today for a free consultation to see how we can help.