If you are reading this article, you are probably wondering what a slip and fall accident is and how you can file a case for compensation. You may have heard of slip and fall laws, but you may not know what they are or how to prove a claim. This article will explain what a slip and fall is, the laws in Texas, and how to prove a case for compensation.
What is a Slip and Fall Injury?
A slip and fall accident can cause devastating injuries for a victim. Filing a report detailing the accident is essential to protect your legal rights and the compensation amount you can seek. Contact the property owner or management if you cannot fill out the accident report. If necessary, contact an attorney who can help you. You should take a photo of the accident site and briefly describe what caused the accident.
Property owners, lessees, and individuals who occupy a property have a legal obligation to provide a safe environment. When a property owner fails to keep the premises free of hazards, someone can file a slip and fall injury lawsuit against them. A spill in a grocery aisle can pose an unreasonable risk of harm. A hotel may fail to clear its walkways of ice.
Common slip and fall injuries include:
- Cuts and bruises
- Broken bones
- Knee damage
- Spine and nerve damage
- Traumatic brain injury
- Sprained ankles or wrists
- Shoulder dislocations or muscle strains
A slip and fall accident can occur anywhere, involving a surface with low friction. The person can lose their balance due to the low friction and often fling their arms and hands back to catch themselves. Some people fall to one side or backward, hitting their hands and arms on the floor.
Slip and Fall Laws in Texas
Slip and fall accidents are often the results of negligence on the part of a property owner. The owner must meet certain requirements to ensure their property is safe for visitors. For example, Texas has a modified comparative fault rule that reduces the damage award by a certain percentage of the plaintiff’s fault. In other words, if you were 50% at fault, you would not get full compensation for your accident.
The statute of limitations for slip and fall lawsuits in Texas is two years after the incident. Therefore, if you suffer a fall, you should file your lawsuit as soon as possible. The shorter the time frame, the easier it will be to link your injury to the incident.
Who is Liable for a Slip and Fall Accident?
When someone slips and falls on a property that belongs to another person, the question of who is liable arises; for example, the person injured in an apartment doesn’t necessarily own the property he slipped on. Nor does a store or apartment complex own the physical property that caused him to fall. It all depends on the facts of the case and who controls the property.
Also, who is responsible for the property can be a:
- Landlord
- Condominium
- Apartment complex
While the property owner is generally the party most likely liable for an accident, another party can be held accountable. For example, a woman in Louisiana recently filed a lawsuit against the grocery store chain Winn-Dixie after suffering severe injuries after slipping. However, not all slip and fall injuries are the result of negligence. Whether a person was negligent is up to the court, but the owner is usually at fault for the accident.
While a slip and fall accident can occur anywhere, it is most common on private property. The property owner could be financially liable if the slip-and-fall occurred on their property. However, to claim compensation for your injuries, you must prove that the property owner had a dangerous condition, controlled the property, and could have made a reasonable repair to correct the condition.
How is a Slip and Fall Case Proven?
It is crucial to show that the property owner had actual knowledge of a dangerous condition and failed to remedy it. This can be particularly difficult if there are no witnesses present to the accident or no security camera footage. However, if there is evidence that the property owner or manager was aware of the hazard and was negligent, a lawsuit can be filed against them.
A slip and fall case must also contain some elements of negligence. To win a case in court, the defendant must have owed the victim a duty of care.
To meet this standard:
- The property owner must have known about the hazard
- Should have had time to fix it
- Or had warned of the condition before the victim entered
- The negligence must be clear and consistent, or there would be no case.
To prove a slip and fall case, the property owner must have knowingly or recklessly created a dangerous condition on the property. For example, if a casino was negligent, it must have been aware of the slippery floor surfaces. The property owner should also have installed handrails on stairs to prevent accidents. This is an essential step in proving a slip and fall case.
Damages You May Recover
Slip and fall accidents often result in injuries ranging from a superficial cut to a broken bone. Some victims even suffer traumatic brain injuries. Regardless of the nature of the injury, slip and fall accidents can drastically alter a person’s life and cause astronomical medical bills. If you or a loved one was injured in a slip and fall accident, you must understand your rights and what you can expect in compensation.
Although these accidents are often someone else’s fault, you may have a claim for compensation. The key to proving negligence and claiming damages is establishing that the at-fault party was negligent in some way. Then, you must prove that the negligence caused the accident and that the injury occurred because of the negligence.
You may recover compensation for your injuries if you prove that the property owner or other parties were negligent.
These damages may include:
- Pain and suffering
- Medical bills
- Lost wages from missed work
- Rehabilitation costs, including physical therapy or counseling
You may recover compensation for your injuries if you prove that the property owner or other parties were negligent.
Contact a Houston Personal Injury Lawyer for Help
Although most of us don’t think about slip and fall accidents when we think of serious accidents, they aren’t as funny as they sound. Even though they’re the subject of slapstick comedy and cartoons, these accidents cause a significant amount of injury and medical bills. If you or a loved one has been involved in a slip and fall accident, you may be eligible to file a premise liability claim and seek compensation for all your losses.
After a slip and fall accident, you should contact a Houston personal injury attorney for help. In the meantime, take photos of the accident scene. This will help to establish your version of events. Also, collect the contact information of any witnesses who may have seen the accident and can provide evidence in support of your claims. Your Houston personal injury attorney can help you prove that the property owner is liable for your injuries. Although the time period to file a slip and fall claim is limited, you should act fast if you believe you have a valid case.
