DMG Injury Law
Slip and Fall Injuries
What Is a Slip and Fall Injury?
Slip and fall injuries are extremely common, but their consequence can be serious. No matter how careful you are, if someone else's negligence causes you to slip and fall on their property, they could be liable for any injuries.
These accidents may be more common than you think. Every year in the United States, approximately 8 million people get slip and fall injuries that require medical attention. Slip and fall injuries can happen in restaurants, department stores, office buildings and other places of business—anywhere that the walkways or floors have become wet or slippery due to a failed duty of care on the part of the owner or manager.
The cost of these kinds of injuries is also much higher than most people think. One study showed that over 29 billion dollars is spent each year on slip and fall accidents—and those costs don't include lost wages from having to miss work because of your injury! Slip and falls account for one in five accidental deaths per year in America as well!
Can I Sue For Slip and Fall Injuries?
No matter where you go, people have a duty to keep their property safe. This is called premises liability. When they fail to do so and someone gets hurt, they can be held liable. An example of this would be if you go to a store and get injured because of a slick spot that wasn't cleaned up properly. If the company knew about the danger but didn't fix it, it's pretty clear that they're liable for your injuries.
In order for you to prove that someone should pay for your injuries, there are specific things you will need to show:
That the owner owed you a duty;
That the owner breached that duty;
That you were injured as a result of the breach; and
You suffered damages as a result of your injury.
What are the Most Common Types of Slip and Fall Accidents?
The most common types of slip and fall accidents include:
Ice and snow accidents.
Wet or slippery floors.
Uneven sidewalks or steps.
Poor lighting.Some examples of these conditions can be:
Poorly maintained floors, such as torn carpeting or worn tile in a store, and slick linoleum flooring in a building lobby. In many cases, the owner is aware that the floor is worn and needs to be repaired, but they choose not to do so because it would be too expensive to replace it. The “same old” problem is simply ignored until someone gets hurt and sues for damages.
Poorly maintained sidewalks outside of a business or apartment complex are often cited as being dangerous to people who walk through that area on a regular basis. The pedestrian may have tripped over a crack or raised section in the sidewalk and fallen hard enough to sustain serious injuries.If you suspect that your injury was caused by an unsafe condition on someone else's property, contact an experienced personal injury attorney like those at our firm for help filing your claim within time limits set by law."
To have a successful slip and fall lawsuit, what do I need to prove?
To have a successful slip and fall case, you must prove the following:
The property owner (or their employee) acted carelessly in allowing a dangerous condition to exist on their property or failing to correct it, and that they should have known about the dangerous condition.
You were injured.
The accident was caused by the dangerous condition.
You do not need to prove that the property owner intended for you to be injured or even expected anyone would fall. In other words, you don't have to show that the property owner was negligent for creating dangerous conditions on their property--you only need to show that they failed in caring for their premises properly (to keep people safe from harm). Not all slip and fall accidents are due to negligence; sometimes people simply trip and fall without anyone being at fault. This is why proving these elements is important for your case.
Premises Liability Law in Texas
Texas Premises Liability Law
Under Texas common law, a property owner can be liable for injuries suffered by an invitee or licensee if he or she is negligent in maintaining the property. A property owner isn't liable for injuries suffered by a trespasser, however.
Why should I hire an attorney for my slip & fall case?
The reason to hire an attorney for your slip and fall case is simple: you need someone on your side. The law is complicated, but the insurance companies have teams of lawyers whose job it is to come up with excuses for why you should not be fairly compensated for your injuries. They also have teams of investigators whose job it is to find ways to poke holes in your claim. You need someone with expertise and experience in handling these types of cases who will fight back against the insurance company’s tactics. Additionally, you need an attorney to navigate the legal process on your behalf and get you the compensation that you deserve.
When you just don't know if you should retain an attorney, call us for a free consultation.
The ability to help you prepare your case
Experience navigating the system
Access to a network of experts
The ability to negotiate with the insurance company
The ability to take your case to trial
Whether or not you need an attorney depends on many factors. Some of these include, but are not limited to:
If you have no idea whether or not you should retain an attorney, call us for a free consultation. We can discuss your situation and give you guidance on how best proceed.
Call the Law Office of Daniel M. Gonzales, PLLC at 361-881-4806 24/7!