When you visit someone’s property in Houston, you expect the premises to be reasonably safe. If that’s not the case, though, and you lose your footing and fall, you may be able to file a slip and fall lawsuit to receive compensation that covers your resulting medical expenses and losses. But what do slip and fall cases involve exactly?
Understanding Slip and Fall Accidents
While slipping and falling can occur for a variety of reasons, many of these incidents involve unsafe premises. Wet floors can easily pose a hazard, but clutter can lead to these accidents, too.
Another example of how these accidents occur involves uneven surfaces. If the property has loose tiles or cracked wooden floors, you can trip over the edges. The same can happen with a carpet that has wrinkles.
In some instances, poor lighting can lead to slip and fall accidents. If you can’t see where you step, you can trip or miss where the stairs are.
Properties Where Slip and Fall Accidents Most Commonly Occur
These incidents can occur anywhere, but they’re especially common in grocery stores and other shops. There could be spills on the floor that the manager doesn’t address or debris that puts visitors in danger.
Parking lots are another place where slip and fall accidents occur. Because of the high vehicular traffic in these locations, asphalt can crack, and there could be oil streaks that people may not notice before walking over them.
Even sidewalks could be problematic. If there’s ice on them or they’re so damaged and uneven that they cause you to trip, these are all issues that could result in slip and fall lawsuit cases.
Duty of Care: An Essential Factor
To be able to file a lawsuit for a slip and fall accident, you must demonstrate that the owner of the premises owed you a duty of care. In Texas, premises liability laws require that property owners or managers maintain safe premises for visitors, especially invitees.
Invitees are people who come to the property for business purposes, while a licensee is a guest of the property owner. Inviting a friend over to your house, for example, would make them a licensee.
Texas property owners owe both invitees and licensees a duty of care to keep the premises as safe as reasonably possible. They don’t, however, owe trespassers that same degree of care.
Breach of Duty of Care
The next step in pursuing a slip and fall lawsuit is showing that the property owner did not maintain safe premises. Your lawyer has to establish that the owner knew of a potential danger on the premises and took no steps to repair the problem or warn visitors about it.
For example, if a store owner knew that there was a water leak near the bathroom and didn’t place a warning sign while waiting for it to be repaired, they could be liable if someone slips and falls. But what if they claim they didn’t know about the hazard?
Property owners have to assess their property regularly and look for any dangers. If the hazard was one that they would have noticed if they’d performed regular inspections, they can still be liable.
Evidence Needed to Establish Negligence
Gathering evidence to show that the property owner breached their duty of care and that their conduct resulted in your injuries is crucial. Photos or videos of the scene where the accident occurred can be helpful. In a store, try to see if there are security cameras that recorded the incident. If there were witnesses, get their statements, too.
It’s important to call law enforcement to the scene so that you can also have a police report. Additionally, you’ll need to have medical records available that show the injuries you suffered and what treatments you received.
Texas Fault Laws and Time Limits
In Texas, you can be partly responsible for the losses you suffered and still receive compensation. The state has modified comparative negligence laws that don’t bar you from recovering damages as long as your percentage of fault is 50% or less. Your winnings will be reduced by your degree of liability, however.
Vitally, you don’t have an unlimited amount of time to file a slip and fall lawsuit. The statute of limitations in Texas requires that you file a claim within two years of the accident’s date.
How an Attorney Can Help After a Slip and Fall
A premises liability lawyer can assist you throughout the entire lawsuit. They can investigate the accident and gather evidence that they can use to negotiate with insurance companies. Insurers may try to pin the blame on you, so having representation protects your claim.
If a settlement isn’t possible, your lawyer can pursue litigation. Because of the complexities of going to court, you don’t want to attempt this on your own.
FAQ
What Damages Can I Receive in a Slip and Fall Case?
You can receive compensation for medical expenses, lost wages, loss of earning potential, pain and suffering, and loss of consortium.
How Much Does Hiring a Premises Liability Lawyer Cost?
Like most personal injury lawyers, those who work with slip and fall claims don’t charge upfront fees. Instead, they receive a percentage of your winnings.
How Much Is My Claim Worth?
Your claim’s value will depend on the severity of your injuries, the amount and quality of evidence available, and a number of other factors.
Fight for Your Future With Help From Ramsey Law Group
If you were hurt in a slip and fall accident, turn to the compassionate and seasoned team at Ramsey Law Group. With over 25 years of experience, we have a long-standing track record of exceptional representation. Contact us to schedule a case review today.