Most people begin with their daily chores without even thinking that they can be a victim to a slip and fall accident.
The term slip and fall refers to the situation where you trip or slip while on another person’s property which results in serious injuries.
These accidents can happen anytime, anywhere. However, a fall is particularly jarring, and some places are more commonly perilous. Knowing about these locations helps you in figuring out how to best protect yourself if you’ll be under such circumstances.
Yes, you have the right to hold a party accountable for the physical, emotional and financial consequences you endure. Which is why having some background knowledge about slip and fall cases in Texas is helpful.
Slip and fall accidents are inevitable. But some locations are more vulnerable due to the nature of activities undertaken or the property owner’s negligence. The following are just a few of those locations:
Sidewalks, Walkways, and Driveways
Specific laws and regulations in Texas require most homeowners and landlords to ensure that the surrounding pavements are a safe place for pedestrians. Cracks, potholes, and heat damage can create severe risks to the walkers, causing such injuries as hip fractures. Homeowners also bear the responsibility to inform the governmental agencies about any general defects around the property as well as the need for their own maintenance and upkeep. Unfortunately, when the responsible parties fail to maintain these areas, it gives rise to slip and fall accidents.
You may be injured at a store, restaurant, bar, workplace, or any other business premises due to slippery or dangerous flooring. Improperly kept surfaces, products on the floor (as with fast food places or grocery stores), and recently-mopped floors can cause slipping or tripping. To legally hold the other party responsible for your suffering, it must be proven that they knew about the potential risks but did nothing or must have known about the danger in time to take action.
Pools, Gyms, and Restrooms
Places where many people enter and exit, such as public restrooms and gyms or pools are always prone to accidents. These slippery or wet surfaces require extra attention from property owners.
A lawsuit can be filed for any injury caused due to the landlord’s negligence to their tenants or a third party. So for instance, if the landlord’s failure to fix dodgy staircase, unsurfaced entry ramp, low lighting, clutter, or limited visibility on the rental property causes, foreseeable and severe damage, you must fight for your rights.
Under situations where a property is owned by a local, state or federal government entity, there are specific rules that apply. Broad and stringent immunity provisions sometimes shield these establishments from any liabilities. But our attorneys are prepared to represent you if you’ve experienced slip and fall at governmental premises. It’s important to remember that, in addition to statutes of limitation, government entities can also require notice of your claim, sometimes as soon as six months after your fall.
You’ve slipped, it has caused significant damage to your health, you deem it as the property owner’s fault, and you want to file and win the case – shouldn’t it be this easy? A slip and fall case looks easy, but it isn’t! There are a lot of considerations to keep in mind, the location being one of those.
It helps us decide who the responsible party is.
So for example, if you’re hurt at a restaurant, the owner and the staff can be held liable for the negligence. But what if you are injured in the parking lot of the restaurant? There may be a landlord of a property manager with liability. How about slipping on soapy mop water in a shopping mall? Might there be a cleaning company at fault?
And if you’re injured when visiting an apartment property, where the host isn’t the owner, then the landlord must be held accountable.
Our legal team investigates the details and builds your case to prove that the perils were foreseeable at the location and the accident was avoidable.
Types of Injuries
According to the CDC, one out of every five fall victims sustains fractures or head injuries due to the fall. More than 3,000,000 older adults are treated in emergency rooms, and out of these around 800,000 are hospitalized. These cases incur more than $50 billion as medical expenses annually. And the most common types of injuries include the following:
Abrasions: Bruises and cuts are the first to happen. These may be superficial, but more serious injuries can sprout underneath the shallow wounds.
Back, neck and spine: People may sustain injuries on their back, neck or spine which can take much longer to heal or may even necessitate a surgery. Such type is life-threatening or may lead to permanent disablement.
Soft tissue injuries: It can either be a minor ankle sprain or a devastating ligament tear – soft tissue injuries aren’t easy to see, but they certainly take a long time to heal.
Pelvis or hip: Accidents resulting in a broken hip or pelvis are more common amongst older people. Out of 800,000 hospitalizations, around 300,000 are for hip injuries.
Head: Depending on the severity of the fall, a minor head bump or significant damage might occur. Hitting the head may result in bleeding, swelling, or unconsciousness for which immediate medical assistance is necessary.
Fractures: Broken bones are all the more common when you slip or trip. The damage may be minor, but it can leave a prolonged impact. Fractures lead to significant complications in future and easily take months of follow-up appointments and even physical therapies.
It isn’t always easy to determine who’s at fault in a slip and fall case. However, property owners must take prudent measures to ensure their space is safe for their staff, guests, and the public. People visiting a property must also be cautious and use good judgment when moving around.
But how to identify who’s liable in case of a mishap? Our slip and fall attorneys are experienced in this in this. They thoroughly study your case to uncover as much information as they can to strengthen your position.
If the property owner is at fault, it’s our job to prove the liability and demonstrate their negligence.
Such cases aren’t clear-cut and the injuries are not apparent to the naked eye. So to prove that the other person must compensate you for your damages, several things, including the following, are taken into consideration:
- Pain and suffering
- Medical bills
- Loss of income
- Injured party’s freedom from fault
The lawyer may gather all sorts of evidence and contact your insurance company while you can concentrate on your recovery. Your health is of utmost importance to us, so you must make it your priority and leave the rest to your lawyer. They’re experienced professionals who understand how to fight for your rights in a slip and fall case.
Injured in a Slip And Fall Accident? Get Legal Help Now!
If you’ve recently suffered a slip and fall accident, you owe it to yourself to consult with an experienced attorney. In Texas, victims of fall injuries are often protected by insurance policies and premises liability laws.
At Samples Ames PLLC, we’ve helped several clients in winning their case. With years of experience, we know how to rightfully handle personal injury lawsuits, including premises liability and slip and fall. Despite being a small firm, we’re well equipped with the needed financial, intellectual, practical and human resources.
Here, you’ll always be skillfully assisted by our seasoned personal injury attorneys. Plus, our expertise allows us to offer unparalleled customer service.
If you need further assistance, our slip and fall accident lawyers can explain and protect your rights.
We focus our practice oncar and truck accidents, child abuse, business litigation and more. Call us today at (469) 466-2600 or (817) 605-1505 and learn about your legal options.