Slips, trips, and falls happen fast, but their consequences can last a lifetime. If you’ve been hurt in any of these kinds of accidents, you might wonder who’s at fault and how to hold them accountable, if possible.
In many cases, property owners can be held legally responsible if they fail to keep their space safe. Regardless of where and how it happens, you have rights, and you don't have to navigate the legal process alone.
Premises Liability in Texas
Under Texas’s premises liability laws, property owners have a legal duty to keep their premises in reasonably safe condition. When they don’t — and someone gets hurt as a result — they could be held liable. It’s not enough, though, for someone to be harmed on someone else’s property. The crux of a premises liability case is being able to prove that the property owner neglected to take reasonable care by neither fixing nor warning about the problem.
Common Causes of Slips, Trips, and Falls
These three injury-causing accidents are, for the most part, preventable. Most frequently, they’re caused by conditions that could’ve been fixed or at least marked with some kind of warning sign.
Some of the most common hazards that lead to accidents include the following:
- Wet or freshly mopped floors
- Uneven pavement
- Loose tiles
- Torn carpeting
- Dim lighting
- Icy sidewalks or entryways
- Cluttered hallways or blocked paths
- Missing or broken handrails
When any of these conditions arise, the property’s owner or manager is meant to either take care of them or give visitors a proper heads-up about them. When they don’t, they put innocent people at risk of injury.
Duty of Care to Visitors
One important caveat of a premises liability claim is that the level of responsibility a property owner has depends on why you were on the property in the first place; not all visitors are treated equally under the law.
Those who were invited, such as customers or hotel guests, are owed the highest duty of care, and hazards must be fixed properly. For licensees, like social guests, the owner still has to warn them of known dangers, but doesn’t necessarily have to inspect the property for hidden ones.
Trespassers, on the other hand, are generally not owed any duty of care. The only exceptions are some cases involving children or when the property owner intentionally creates harm for potential trespassers.
Proving Negligence
To hold a property owner accountable for your injuries, you need to be able to prove negligence. That involves establishing these four key aspects:
- A dangerous condition existed
- The owner knew (or should have known) about it
- They failed to rectify the problem or alert visitors
- That failure caused your injuries
Timing matters as well. Suppose that you slipped in a puddle at the grocery store. If the spill was there for an hour and no one cleaned it up, that’s likely negligence. However, if it only happened seconds before you walked by, it’s harder to prove the store was at fault.
Types of Injuries From Falls
Slips, trips, and falls might not sound serious, but they can completely change a person’s life. Some of the most common injuries from these accidents are as follows:
- Broken bones
- Head trauma
- Spinal injuries
- Torn ligaments
- Sprains
- Cuts and bruises that become infected
In serious cases, victims face permanent disability and long-term pain. But even a “minor” injury can rack up considerable medical bills in a hurry.
Importance of Evidence
Collecting evidence is one of the most important things you can do to strengthen your claim. Take pictures of the scene right away, if you can, and look for anything that could’ve caused the fall. If there are witnesses, get their names and contact information, then report the accident to the property manager and ask for a copy of any written report.
Additionally, you must keep track of all your doctor visits, diagnoses, and treatments. Save receipts, insurance documents, and any communications you have with the property owner or their insurer as well.
Statute of Limitations in Texas
You typically have two years from the day of your injury to file a slip and fall lawsuit. That may sound like a long time, but evidence can vanish quickly. Witnesses may move away and forget what they saw, video footage can be erased, and conditions on the property can be fixed. That’s why it’s best to act quickly; if you wait too long, you could lose your chance to recover compensation.
Consulting With an Attorney
Premises liability cases can get complicated. Insurance companies will generally seek to downplay what happened or even shift the blame to you.
You deserve to be able to focus on healing, not fighting with insurance adjusters just to get what you’re owed. A slip and fall lawyer can help lift that weight off your shoulders by investigating, gathering the evidence, and putting together a strong case. They’ll also negotiate on your behalf as they fight to get you fair compensation.
FAQ
How Long Do Slip and Fall Cases Take to Resolve?
Though some settle in a few months, others can take a year or more if the case goes to trial. Your attorney can give you a better estimate based on the details.
Can I Still File a Claim if I Didn’t Go to the Hospital Right Away?
Even if you don’t seek immediate care, you can still file a claim. However, the sooner you document your injuries with a doctor, the stronger your case will be.
Will I Have to Go to Court?
Many slip and fall claims settle out of court, but if the other side won’t offer a fair settlement amount, going to court may be your best option.
Get the Help You Deserve After a Slip and Fall
If you were hurt in a slip, trip, or fall on someone else’s property, Ramsey Law Group is here to fight for you. Our slip and fall attorneys have helped injury victims across Houston hold negligent property owners accountable, and we’re ready to do the same for you. Contact us today for a free consultation.
