Have you sustained serious injuries after falling on someone else’s property? Are you struggling to cope with lost income, medical bills, or even the pain and suffering of strained relationships or the inability to take part in daily activities? If your accident was the result of a business owner’s negligence, you may be wondering what kind of compensation is available to you.
At Genthe Law Firm in Dallas, TX, our experienced slip-and-fall attorneys understand your circumstances and are here to help you and your family seek answers for the damages you’ve suffered. We work hard on your behalf to make sure that you get the full compensation you need in order to recover. Submit your case for a free evaluation today and let us take care of it for you.
What is a “Slip and Fall”?
The terms “slip and fall” and “trip and fall” are commonly used to describe the mechanism of injury. Whenever you come into a business or onto someone else’s property, the business owner or property owner has a responsibility to make sure you are safe and not subject to any unreasonable harm. Most premises liability injuries happen when someone falls when on someone else’s property. When you are injured in an accident on someone else’s property it is vital to contact a personal injury lawyer with a proven record in court.
Who is at Fault in Slip and Fall Case?
When a customer walks into a store, the customer is what the law calls a “business invitee” or a person who is entering the property for the benefit of the business. The benefit to the business is that you are there to spend your money. You are a business invitee when you go to a grocery store such as Kroger or Tom Thumb, or when you go to stores such as Wal-Mart, Home Depot, Lowes, or any restaurant like McDonald’s or Subway. These store owners and franchises make billions of dollars off of you, the customer. In exchange, the premises need to be safe and maintained in a condition that is free of hazards.
The law requires that business owner and their employees in Dallas and Texas take measures to prevent them from injuring themselves due to an unsafe condition that the business knows about (or should know about). If the business owner or its employees creates an unsafe condition, this is also a basis for liability. Many trips and falls and slips and falls happen due to faulty construction or maintenance of buildings and parking lots.
Governments, including city and county governments, are responsible for making sure the streets and sidewalks are safe for the public. The term “risers” refers to areas of sidewalks that are raised or depressed an inch or more, which creates a trip hazard. Slippery conditions also can be the basis for premises liability in certain circumstances. If you rent, the common areas of your apartment or house must also be maintained by the landlord to prevent injuries to tenants.
What is Premises Liability?
Premises Liability is the legal term used to describe an individual or organization’s responsibility for any harm that occurs on their property. It applies to any location, from a private residence to a public space like a store or mall. As such, it is important for property owners to understand how they can be held liable if someone gets injured while on their premises. This could include a slip and fall caused by an uneven floor, a collapsed roof, or any other hazard.
Property owners must also take into account any foreseeable risks that may cause injury, such as slippery floors after rain or a submerged sidewalk in front of a home. Furthermore, they must be aware of any hazardous conditions that their guests might encounter and take steps to minimize any potential damages or accidents. In the event of an injury occurring, the property owner may face charges in relation to premises liability. As such, it is important to ensure that all safety protocols are correctly followed in order to prevent any costly or time-consuming litigation.
How to Avoid a Fall Accident at Work
Falls can happen in just about any industry. Whether you are a construction worker or retail clerk, you could be injured in a fall accident. This type of workplace accident is so common that the U.S. Bureau of Labor and Statistics has reported that 680 people were fatally injured in fall accidents at work last year, which accounted for 13 percent of the total work-related fatalities.
The majority of falls occur on the same level, which is the result of slips and trips. These types of work accidents can be caused by any of the following:
- Wet ground
- Oily surface
- Loose rug
- Broken tile
- Broken stairs
- Wrinkled carpet
- Objects on the floor
- Poor lighting
- Uneven walkway
You can help prevent your chances of being injured in a slip and fall accident by taking certain precautions, including:
- Watching where you step
- Ensuring that spills are cleaned up right away
- Wearing proper shoes
- Avoiding carrying objects that could obstruct your view
- Installing sufficient lighting
- If using a ladder, inspect it for cracked, broken, or defective parts
- Keeping the floors and aisles free of clutter
By taking appropriate safety measures, you can reduce the likelihood of sustaining a painful work injury caused by a fall.
If you have been injured at work, you may be able to recover compensation. Many employers in Texas choose to opt out of workers’ compensation coverage, but that does not mean you cannot pursue compensation for your work-related injuries. An employer can be held liable if it was negligent or cut corners when it came to safety.
Slip and Fall FAQs
What do I do after an accident?
If you believe you may have suffered a spinal injury, wait until help arrives before moving. If necessary, call 911 for assistance.
As soon as possible, and ideally, before you leave the premises, notify the owner or an employee of the premises of the accident. Make sure to find out the name of the person or persons you talk to.
Ask that an incident report be filled out, and ask for a copy of the report after it has been completed. In some cases, businesses and their insurance companies have been known to deny claims simply because they had no record of an accident has occurred.
Survey the accident scene to understand exactly how the accident occurred. Pay particular attention to the factors which caused the accident. If you slipped and fell, determine what substance caused you to slip. If you slipped in a liquid of some sort or other substance on the floor, look to see whether there are any other footprints or tracks from the wheels of a shopping cart in or around the liquid or other substance. These details will become important later.
If anyone else saw the accident, ask them what they saw, and make sure to write down their name and telephone number. Witnesses like this can be very helpful later in the process, particularly if a disagreement arises, for example, about the cause of the accident.
Before contacting the insurance or talking with an insurance company adjuster, talk to an attorney. When we represent a client in an accident claim, we handle the communication with the insurance company so that the client doesn’t have to worry about saying something that may come back to hurt them later in the process.
Who will pay for my medical expenses and other damages?
As with motor vehicle accidents, the damage caused by a slip and fall or other premises-related accidents can easily run into tens of thousands of dollars.
In cases where the accident happens in or around a home, homeowner’s insurance may cover the loss.
In cases where the accident occurs on business property, commercial liability insurance may apply. The determination of whether the claim should be made against the liability policy of the business that occupies the premises, which is usually a tenant, or against the liability of the policy of the property owner or property management company, or all three, can often be a complicated problem.
How much is a slip and fall case worth in Texas?
The compensation you may receive from a slip and fall in Texas will depend on the specifics of your case. Factors such as your injuries, medical bills, lost wages, and pain and suffering can all affect the amount of compensation. It is recommended that victims consult with an experienced personal injury attorney to determine their exact eligibility.
Can you sue for a slip and fall in Texas?
Yes, it is possible to sue for a slip and fall in Texas. If another party was negligent in maintaining safety standards or failed to warn others of potential danger, they could potentially be held liable. It is recommended that victims consult with an experienced personal injury lawyer to discuss their legal options.
How long after a slip and fall can you sue in Texas?
In Texas, victims typically have two years from the date of their accident to file a lawsuit. However, it is important to keep in mind that this time limit may vary depending on the specifics of your case. Therefore, it is advised that victims contact an experienced personal injury lawyer as soon as possible.
What is the slip and fall law in Texas?
In Texas, landowners are generally liable for any injuries sustained on their premises due to unsafe conditions or inadequate warnings. To successfully make a claim for damages, victims must prove that the owner had knowledge or should have had knowledge of the hazardous condition and did not act to correct it or warn visitors of it. It is therefore recommended that victims speak with a knowledgeable personal injury attorney to discuss their legal rights.
Over the years, we have handled a wide range of slip and fall accidents caused by liquids or other substances being spilled on the floor of the business premises, but also accidents involving things like a poorly designed and constructed apartment stairway, negligently installed flooring in a swimming pool area, an oil slick left in the parking lot in front of the front door of a daycare, precariously shelved store merchandise, which then fell on a store customer, and hotel exercise room equipment with inadequate safety devices and warnings.
There is any number of ways that customers can be endangered when at a residence or a store, restaurant, or other business premises. If you have been involved in an accident at a location like this, whether or not it is one of the types listed above, please feel free to call us to discuss it. We will be happy to talk with you about your situation.
Get Help from a Dallas Slip and Fall Attorney Today
At the Genthe Law Firm in Dallas, Texas, we focus on the well-being of our clients. If you’ve been injured in a slip and fall in Dallas or anywhere else in Texas, please contact us and talk to one of our dedicated slip and fall accident lawyers today to learn more about how we can help you.
Dallas Slip and Fall Accident Resources
- What is a “Slip and Fall”?
- Who is at Fault in Slip and Fall Case?
- What is Premises Liability?
- How to Avoid a Fall Accident at Work
- Slip and Fall FAQs
- What do I do after an accident?
- Who will pay for my medical expenses and other damages?
- How much is a slip and fall case worth in Texas?
- Can you sue for a slip and fall in Texas?
- How long after a slip and fall can you sue in Texas?
- What is the slip and fall law in Texas?
- What other kinds of business or premises-related accidents have you handled?
- Get Help from a Dallas Slip and Fall Attorney Today
- Dallas Slip and Fall Accident Resources