Slip And Fall

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According to the CDC, falls are the number one cause of nonfatal injuries in every age group, gender, race, and sex. Older adults are especially susceptible to injuries after a fall, with 32,000 annual fall-related deaths. When you’re injured in Houston and elsewhere in Texas, having the right slip-and-fall lawyer Houston by your side is important. In this post, we address slip and fall cases in Texas and let you know what you need to do to have a successful claim.

Texas slip and fall overview

A slip and fall injury occurs when someone trips, or slips and falls on someone else’s property. This is a civil theory of premises liability law in Texas. State law defines premises liability as “the legal responsibility of a landowner or occupier to prevent an unsafe condition or dangerous condition on their premise or property.” This law establishes responsibility for falls on the owner of the property for failing to exercise reasonable care in preparing the property for visitors, employees, or workers. As such, you may be entitled to compensation for your injuries.
Slip and falls can happen anywhere, including:

  • Work
  • School
  • Store
  • Sidewalk
  • Hotel/motel
  • Private property
  • Other areas

The cause of the trip and fall will dictate who is responsible for your injury. Common causes of slip and fall injuries include:

  • Ice
  • Loose floorboards
  • Potholes
  • Debris
  • Poor lighting
  • Poorly maintained railings and stairs

No matter where or how your slip and fall occurred, the Law Offices of Colby Lewis are here for you. We bring multiple claims each year against negligent owners, getting the compensation for our clients that they deserve. If your case meets the legal requirements, we may be able to recover compensation for you as well.

Common slip and fall injuries

Injuries from a slip and fall can range from mild to fatal. The following is a non-exhaustive list of the types of injuries you may incur from a slip and fall:

  • Sprains
  • Broken bones
  • Fractures
  • Contusions
  • Spinal cord injuries
  • Death
  • Traumatic brain injuries
  • Knee injuries
  • Other injuries

Regardless of the type of injury, an experienced slip-and-fall attorney can help you pursue compensation. In the case of a slip and fall-related death, family members may be able to bring a wrongful death claim against the responsible party.

Filing your slip and fall claim

If you’ve been injured in a slip and fall in Texas, reporting it immediately is crucial to your case. Whether your injury occurred on a commercial property or a private one, reporting your accident promptly and receiving medical attention will aid your case in establishing causation.
Once you have reported your accident, the next step is to consult with an experienced Texas slip and fall lawyer who can help you gather evidence and establish your case. Evidence can take the form of:

  • Witness statements
  • Accident report
  • Surveillance footage
  • Photos
  • Medical documentation
  • Other evidence

The stronger the evidence you submit, the stronger your case will be. Your attorney can consider the evidence and advise you on how to file a claim. The right slip and fall accident lawyer will be able to guide you from the beginning of the case to the end.

Liability for slip and fall accidents

To establish liability for a slip and fall accident in Texas, you must be able to prove that the owner had a duty of care, that they breached that duty, and that their actions or omissions were the direct cause of your injuries. By addressing each of these elements in turn, your attorney can build an ironclad case in your favor.
It may seem that any person responsible for a slip and fall would be liable. However, in Texas, a property owner is only liable for a slip and fall accident if they were aware of the hazard and failed to take reasonable steps to remedy it. A property owner is required to exercise reasonable care to maintain their property so that it is safe for all visitors.

Your ability to recover compensation may depend on what type of visitor you are. For instance, a visitor to a grocery store is different legally from a guest in your home. There are three types of visitors that may apply to your case: invitees, licensees, and trespassers.

Invitees: An invitee has express or implied permission to enter the property owner’s premises. If a property owner knows or has reason to know that there is a dangerous condition on their property and fails to fix it, they can be held liable for the victim’s injuries.

Licensees: A licensee, on the other hand, is someone who has express or implied permission to enter the premises for their own reasons. The property owner has a lesser responsibility to licensees than to invitees. Instead of a duty to repair dangerous conditions, the property owner only has a duty to warn of the hazard if they knew or should have known about its existence, and the licensee is unlikely to see it.

Trespassers : A trespasser differs from both an invitee and a licensee in that they are on the premises without permission from the owner. As such, the owner does not owe a trespasser a duty to warn or fix the hazard. A trespasser cannot recover in a slip and fall case.

Damages in a Texas slip and fall case

If you’ve been injured in a slip and fall accident, you may be entitled to compensation. The compensation you receive depends on the unique facts and circumstances of your case. Types of compensation you may be entitled to include, but are not limited to:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Loss of consortium or companionship
  • Loss of earning capacity
  • Other damages

An experienced slip and fall injury lawyer can evaluate your case and determine which types of compensation are appropriate and work zealously to recover them for you.

Colby Lewis, Texas slip and fall attorney, fights for your rights

At the Law Offices of Colby Lewis, we understand the pain and suffering you experience when you are a victim of a slip and fall. That’s why we pride ourselves on offering outstanding client support and guidance throughout the life of your claim. To find out more about how Colby Lewis can fight for your rights, contact us today.