Trujillo & Sanchez Law Firm
Slip and Fall Accidents Lawsuit
SLIP AND FALL ACCIDENT LAWYERS IN TEXAS
“Slip and fall” is a term used to describe a personal injury accident when a person slips or trips because of someone else’s negligence and is injured on another person’s property. If you got hurt in this manner, a slip and fall accident lawyer in Texas could help you seek compensation for your losses from the at-fault party.
Types of Slip and Falls That Can Warrant Damages
Injuries sustained in slip and fall accidents result in about 9 million emergency room visits every year. In addition, they’re the second-leading cause of unintentional death in the U.S., according to the National Safety Council (NSC). Many people, especially older adults, lose their mobility because of injuries from accidental falls.
Some common ways these accidents occur include:
- Falls on public property, where you may encounter damaged sidewalks, stairs, inadequate lighting, potholes, ditches, or slippery walkways with snow and ice
- Falls on private property, such as businesses or offices, where there are surfaces or floors that are wet or slippery, damaged, poorly lit, cluttered, or covered with debris
If you’ve suffered a slip and fall injury, whether on public or private property, the law lets you file a claim against the negligent party. At Trujillo & Sanchez, P.C., our slip and fall accident lawyers are ready to help you.
Premises Liability Applies in Public and Private Places
When a property or business owner fails to maintain their property or warn visitors of potential hazards, they may be liable when injuries occur from a fall. These types of cases are called premises liability cases, and the injured person must prove that the property owner was negligent regarding maintenance of the premises. In other words, the property owner failed to exercise proper care regarding their property.
Slip and Falls on Public Property
A slip and fall accident can occur virtually anywhere, particularly when locations aren’t properly maintained and/or don’t post warnings about potential hazards. The most common public places where slip and fall accidents occur are:
- Stadiums and other sports arenas
- Parks and playgrounds
- Amusement parks
- Escalators and elevators
- Parking lots and garages
Slip and Falls on Private Property
Some private facilities where these types of accidents often occur include:
- Theaters and movie theaters
- Apartments and other rental properties or private homes
- Nursing homes and assisted living facilities
What You Have to Prove in a Premises Liability Case
First, our attorneys have to show that someone else owned the property where you fell—you can’t file a lawsuit for a slip and fall accident on your own property. If you rent the property, however, the owner could be liable for your injuries if their negligence caused the accident.
Next, we have to establish these elements to prove the owner’s responsibility for your losses:
- There was a dangerous condition on the property. For example, let’s say the equipment for a self-serve soft drinks station at a fast food restaurant leaked. It caused puddling water that was difficult for customers to see because of the lighting and the pattern of the floor covering.
- The owner knew or should have known about the hazard. Workers had complained to the manager about the leak and puddles. They asked that the area get blocked off and that anti-skid mats be put down on the floor to prevent falls until the repairman could arrive the next day and fix the leak.
- The owner failed to take action within a reasonable amount of time. The manager was busy with several things at one time and forgot about the warnings by the employees. They did not correct the defect or prevent injury to others by posting adequate warning signs and blocking off the dangerous area.
- Because of this negligence, you slipped and fell. Your slip and fall accident happened several hours after the employees had complained to the manager about the dangerous condition. Unaware of the leak or the water puddles, you walked over to the soft drink station to fill your soda cup, where you slipped and fell on the puddle.
- You suffered injuries in the fall, which required medical treatment and caused other damages. You landed hard in a sitting position, fracturing your hip. You spent weeks in the hospital after having hip replacement surgery, and have decreased mobility even after months of painful physical therapy. You endure almost constant pain.
While this might not have been your exact injury scenario, these factors must be present in the case to warrant a personal injury claim. When we can prove all of these factors, we can pursue the owner for money damages for your losses. In our scenario, you would be able to file a lawsuit against the owner of the fast food franchise for your injuries.
There Is a Deadline for Filing a Lawsuit for Slip and Fall Injuries
In Texas, you have to file a lawsuit seeking compensation for personal injuries based on the negligence of someone else within two years of the accident. This is according to Texas Civil Practice and Remedies Code § 16.003. The American Bar Association (ABA) says that if you miss the filing deadline, the law can forever bar you from going after money damages for your losses.
What Injuries Can Be Caused by Slips and Falls?
Every slip and fall accident is different and may vary in severity. Some can be particularly damaging, resulting in injuries such as:
- Traumatic brain injury
- Nerve damage
- Fractured or broken bones
- Disc and back injuries
- Whiplash or other neck/shoulder injuries
The injuries sustained by a victim of a slip and fall accident will depend on the nature of the accident, as well as their health and age.
Why Hire a Slip and Fall Accident Lawyer to Get Compensation in Texas?
If you’ve suffered an injury as a result of a slip and fall, whether on public or private property, the law lets you file a claim against the negligent party. To ensure you’re efficiently and adequately represented in your injury claim, you should consider getting a slip and fall accident lawyer near you to represent you.
An attorney can thoroughly advise you and explain your legal opportunities, as well as the compensation you may receive for your injuries.
At Trujillo & Sanchez, P.C., you’ll find the slip and fall accident lawyer you need to file your claim for compensation.
What Slip and Fall Compensation Can We Get for You in Texas?
Compensation for a slip and fall is related to the amount of damages sustained. Some reasons you may file a claim for financial recovery include:
- Hospital bills
- Medical expenses (doctor’s fees, diagnostic tests, prescriptions)
- Medication costs
- Ongoing physical therapy
- Physical pain, scarring, and emotional trauma
- Nursing/assistant care (sometimes 24 hours)
- Compensation for the time and effort of family members caring for the injured loved one
- Transportation costs to and from the hospital and physical therapy facility
- Long-term treatment costs
- Loss of income (current and future)
- Compensation for short- and long-term loss of productivity
- Costs of making the home or dwelling wheelchair-accessible
- Loss of enjoyment and disruption of personal relationships
Reach Out for a Complimentary Case Review
At Trujillo & Sanchez, P.C., we’ll fight to get you the maximum slip and fall compensation benefits possible. We’ve recovered over $500 million in damages for our clients.
The expenses associated with a fall can be high, so you won’t pay us unless we win your case. You can call us today at (972) 529-3476 for a free consultation with no obligation.