Texas property owners must keep their property free of dangerous hazards that might put visitors at an unreasonable risk of injury. This includes slip and fall hazards. If a property owner allowed dangerous conditions to remain without adequately warning you, they could end up having to pay for the damages you suffered in your fall. These damages include your medical care, lost wages, pain and suffering, and other expenses and losses. A slip and fall lawyer in Beaumont can help you fight for the compensation you deserve for your losses.
The personal injury team from D. Miller & Associates, PLLC, can help you file an insurance claim or civil suit to recover these losses. We offer free case reviews and will help you understand your options for compensation after a slip and fall injury. If we believe you have a valid case against the property owner, we will handle your insurance claim or lawsuit on a contingency basis.
Call us today at 713-850-8600 to get started.
Commonly Recoverable Damages in a Beaumont Slip and Fall Case
How much you can recover—and the type of damages you qualify for—in a slip and fall case depends on the severity and nature of your injuries. For example, if you suffered a traumatic brain injury [In Progress: link to https://dmillerlaw.com/beaumont-injury/brain-injury-lawyer/] due to the accident, you may be eligible for a substantial settlement.
We can offer you an estimate specific to your case once we complete our investigation into your fall and calculate your resulting damages. We can often successfully recover these damages for our clients:
- The cost of medical care;
- Rehabilitation and physical therapy expenses;
- Prescription medications;
- Ongoing care costs;
- Money based on estimates of future care needs;
- Mobility aids, such as a cane, walker, or wheelchair, if necessary;
- Reimbursement for any property damage, such as a cell phone broken in the fall;
- Reimbursement for out-of-pocket expenses; and
- Pain and suffering damages, which often exceed the cost of your care.
How Negligence Applies to a Slip and Fall Accident
As a part of their responsibility to keep guests safe, property owners must be on the lookout for slip and fall hazards. If they identify an unsafe condition, they need to take action quickly. If they cannot fix the hazard, they must warn others of the risk.
Negligence occurs when the property owner fails to identify a hazard when they should have, or knows about the hazard and ignores it. Negligence is at the heart of all personal injury claims. When a party acts negligently, and this causes your injuries, they are responsible for the damages you suffer.
Property owners and occupiers of almost any type of private home or business must maintain their property in a way that keeps guests out of harm’s way. This applies to:
- Homes and other private property;
- Shopping malls;
- Grocery stores;
- Parking lots; and
- Public roads.
Liability for Slip and Fall Injuries and Related Damages
Texas premises liability law allows us to hold the property owner or occupier responsible if their property is not properly maintained. When we investigate a case for our clients, we identify all possible liable parties. We also determine if negligence occurred, and how this led to your injuries.
In some slip and fall accidents, negligence did not occur. This means you cannot hold the property owner responsible for your injuries. For example, imagine you slipped because a server walking in front of you sloshed soup onto the floor. It is unlikely we will win this claim because there was no time for the property manager to learn about and fix the slip hazard.
However, if the soup remains in the walkway and you slip in it 10 minutes after it spilled, we may have a negligence case. It is unreasonable to believe that no member of the restaurant staff took notice of the spill during that period. They ignored the hazard, or at the very least should have known about it.
Proving Negligence and Liability in a Slip and Fall Case
To successfully recover the compensation you need and deserve in a slip and fall case, we must prove liability and negligence. This requires us to provide evidence that the property owner acted in a careless or unreasonable way, and this led to your injuries. In general, we have to prove:
- You were not trespassing;
- There was an unreasonable slip and fall hazard present;
- The property owner or their staff knew or should have known about the hazard;
- They took no action to remove or warn you of the hazard;
- The hazard caused your fall; and
- You suffered injuries and financial losses.
While each case is different, some of the most common types of evidence we identify and collect in these cases include:
- Police reports filed about the incident;
- Witness statements;
- Accident reports from employees;
- Photographs or video of the scene;
- Video of the fall, often from the business’s surveillance cameras;
- Any evidence to show the property owner or staff knew about the hazard; and
- Your medical records and other documentation of your injuries and damages.
Talk to a Slip and Fall Lawyer in Beaumont About Your Case Today.
- Miller & Associates, PLLC, offers complimentary case evaluations and consultations. Our team can help you understand what to do after a slip and fall accident. We will explain if we believe you have a viable case, and guide you through your options for holding the liable party accountable for their negligence.
We will walk through the claims process or file a personal injury lawsuit on your behalf, fighting to recover the damages you deserve. We handle slip and fall cases on a contingency basis. You do not have to pay any attorney’s fees unless we recover the money you deserve.
Call us today at 713-850-8600 for your free case review.