In Texas, property owners and occupiers have to keep their properties free of unreasonable hazards and avoid putting guests at risk of injury. If they fail to do so and you slip and fall, they may be legally responsible for paying your medical bills, as well as other related expenses and losses. You will need to file an insurance claim or personal injury lawsuit to collect this compensation. A slip and fall lawyer in Baytown can help.
At D. Miller & Associates, PLLC, our Baytown slip and fall team can help you understand your legal options after an injury. We offer free case evaluations where we can analyze your circumstances and explain if you have a valid case against the property owner. If you enlist our help, we can handle the insurance claims process for you. In most cases, we can negotiate a fair settlement without ever having to go to court. Call us today at 713-850-8600 to get started.
Common Injuries and Damages in a Baytown Slip and Fall Case
While we think of falls as minor accidents, this is not always the case. For some people, a fall injury can require emergency medical care, intensive rehabilitation, and even lead to temporary or permanent impairments. Some fall injuries our clients suffered include:
- Sprains and strains;
- Torn ligaments and tendons;
- Soft tissue injuries to the neck, shoulders, and upper back;
- Broken bones;
- Traumatic brain injuries; and
- Spinal cord injuries.
The severity of your injuries is a major factor in determining the value of your case. There is no way to know exactly how much your case is worth until we investigate the accident and collect documentation of your expenses and losses related to the fall. Some of the most common damages we recover compensation for include:
- Medical bills;
- Rehabilitation and physical therapy costs;
- Prescription medication expenses;
- Ongoing care costs or estimates of future care needs;
- Crutches, canes, walkers, wheelchairs, or other mobility aids;
- Reimbursement for any property damage;
- Reimbursement for any related out-of-pocket costs; and
- Pain and suffering damages.
What Role Does Negligence Play in a Slip and Fall Accident?
Property owners have a responsibility to keep guests safe from unreasonable hazards. This applies to almost any type of property, including:
- Private homes;
- Public sidewalks;
- Parking lots;
- Public roads; and
- Private driveways.
If the property owner spots an unsafe condition that could cause a fall or other injury accident, they have an obligation to repair it as soon as possible. If they cannot repair it immediately, they need to warn others of the hazard.
If the property owner or occupier spots the hazard—or should have spotted it—and failed to take action, this is negligence. When they act negligently, they are liable for any injuries you suffer. This happens frequently. Any of these common situations could lead to a fall:
- Spills that are not cleaned up;
- Tracked rain without rugs;
- Torn, damaged, or rolled carpets;
- Broken or damaged tile floors;
- Uneven floors;
- Stairs without adequate hazard warnings or other markings;
- Trip hazards, such as items in the walkway;
- Missing or broken railings;
- Poor lighting; and
- Potholes and other defects in the asphalt or sidewalk.
Liability for Slip and Fall Injuries
Under Texas premises liability laws, the liable party in a slip and fall accident is the person or company responsible for the maintenance of a property. In most cases, this is the property owner or the property occupier. Occasionally, there are multiple parties who may be liable. One of the first things we do when investigating one of these incidents is to identify all liable parties.
Not all slip and fall injuries will qualify as a negligence accident. We cannot hold the property owner or occupier responsible for your fall unless they ignored a known hazard. For example, if you are walking behind someone in a restaurant who drops a drink and you slip in it, it is unlikely you have a valid claim. However, if you walk by 10 minutes after the spill and slip in it, we can likely recover compensation for you. In a busy restaurant, it is unreasonable to think no host, server, or manager walked through the area and noticed the spill during this period.
In most cases, we can collect compensation in this type of case by filing a third-party liability insurance claim. We approach the property owner’s homeowner or business liability insurer and demand a fair settlement based on the evidence we collect and our documentation of your damages. In rare cases, we may need to file a personal injury lawsuit to get the fair payout you deserve.
Proving Negligence and Liability in a Slip and Fall Case
All slip and fall cases hinge on our ability to prove negligence and liability. We have to provide evidence to show the property owner acted negligently and this caused your injuries. Usually, this requires evidence to prove:
- You were a customer, invitee, or licensee at the time of the fall, not a trespasser;
- There was an unreasonable hazard;
- The property owner knew or should have known about this hazard;
- They took no action to repair, remove, or warn you of the hazard;
- The hazard caused your fall; and
- You suffered injuries and financial losses.
The evidence we use to prove these cases includes:
- Police reports, if they responded to the scene of your fall;
- Witness statements;
- Accident reports the company filed, if you were in a store or restaurant;
- Photographs of the scene;
- Video of the fall, if available;
- Any documentation to show they knew about the hazard; and
- Your medical records and other documentation of your injuries.
Talk to a Slip and Fall Lawyer in Baytown About Your Case Today
The Baytown slip and fall team from D. Miller & Associates, PLLC, offers free case reviews and complimentary consultations. We can help you understand your right to compensation and explain your options for filing a claim. If we believe you have a valid case against the property owner, we can guide you through the claims process and pursue a payout on your behalf. We handle all slip and fall cases on a contingency basis, so you pay us no fees until we get you the money you deserve.
Call us today at 713-850-8600 to learn more.