A slip and fall accident can have many different causes. Some of the most serious injuries, slips, trips and falls, are caused by unsafe walking surfaces.
If someone is seriously or fatally injured in a fall, the person or company that caused the accident should be held responsible.
In Texas, people injured in slipping and falling accidents can seek compensation from negligent property owners who failed to resolve a property risk or warn people of dangerous conditions on their property.
Seeking compensation for a slip and fall can be a challenge. It is important to hire an attorney with the experience and resources to help you with your claim.
If you have suffered serious injuries in the greater Corpus Christi area or if your loved one has died in a slide or fall accident, please contact our experienced team slip and fall lawyers as quickly as possible.
Contact Herrman & Herrman and arrange a confidential appointment to discuss the details of your case.
Our law firm has offices in Corpus Christi, McAllen, San Antonio, and Brownsville. We can also meet you at your home or in the hospital room if your slipping and falling injuries limit your mobility and make it difficult for you to visit our practice.
We can explore all of your legal options by calling (361) 882-4357 or contacting us online for a free consultation.
What counts as a slip and fall accident?
A slip, trip, or fall accident occurs when a person falls and injures themselves from a hazard such as a torn carpet, rotten stairs, inadequate lighting, or wet floor.
Slip and fall accidents can happen anywhere, and property owner liability often becomes an issue. The owner and insurance carrier are likely to deny responsibility or try to shift the blame to avoid paying your claim.
Liability disputes are common in slip and fall incidents, so it is vital for victims to get legal advice as soon as possible. Your lawyer will investigate the accident and work to make a convincing claim for damages.
The attorney will attempt to negotiate a fair settlement that takes into account all costs you have incurred and any future costs.
If the insurance company representing the culpable property owner refuses to agree to a fair settlement, a slip and fall lawsuit can be filed asking the court to award damages for injuries.
The most common types of slip and fall accidents in TX
Slip and fall accidents can arise from many different factors in a variety of public and private locations.
Some of the most common causes are:
- Potholes, curbs in parking lots
- Defects in the sidewalk
- Unsafe or dangerous premises / properties
- Broken handrails
- Cracked or uneven flooring
- Torn floor mats
- Insufficient lighting
- Wet, slippery floor
- Exposed cables
- Stray electrical cables and wires
- Dirty and / or littered floors
Some of the most common places where slip and fall accidents happen are:
- Amusement parks
- Escalators and elevators
- Small businesses
- office building
- movie theater
- Super Market
- Parking spaces and garages
- Retail stores
- Hotels and Resorts
- Public room
When you’ve been hurt in one Slipping and falling accident, one of the most precious things you can do is snap photos of the danger that caused your fall.
Remember that property owners will usually eliminate such hazards quickly after a slip or fall accident. Evidence can disappear over time. Keep the clothes that you were wearing at the time of the accident.
Your shoes and clothes will tell a story, so don’t wash them. Put them on your slip of paper and let the lawyer keep you safe.
Is a property owner liable for fall injuries?
Public liability is the area of law in which personal injuries are asserted that are asserted against property owners due to dangerous or defective property conditions. Like the Texas Supreme Court in Nixon v Mr. Property Management Company, Inc., 690 SW2d 546 (Tex. 1985), the duty a landowner owes a person depends on a person’s status.
People are usually divided into one of three categories:
- Invitees – An invitee is a person who is on a property at the express or tacit invitation of the property owner, typically for the benefit of both parties. Any member of the public who is in publicly accessible rooms is considered to be invited. A property owner is obliged to either warn an invitee of a dangerous condition or to make the condition safe for the invitee.
- Licensee – A licensee is a person who is on a property with the consent of the property owner, but who is usually there for their own benefit. A property owner is required to either warn a licensee of a dangerous condition or to make the condition safe for the licensee. The owner can only be held liable if he was actually aware of the dangerous or defective condition.
- Intruders – An intruder is a person who is on a property without the consent of the property owner. No duty of care is owed to the intruder, but a property owner cannot cause the intruder any damage or act with gross negligence.
Texas recognizes a certain exception to the intruder due diligence known as the “attractive harassment” doctrine. An attractive nuisance relates to any object on a property, such as a swimming pool or trampoline, that is likely to attract young children who are too young to understand the dangers inherent in them.
When a property owner has an attractive nuisance, the owner must take steps to keep it inaccessible to children. This can be a fence around a swimming pool.
If the property owner does not take adequate safety precautions, the owner may be held liable for accidents involving children, even if the children have entered the property.
What to do after a slip or fall accident
After a slip or fall accident, you should always consult a doctor first. This also applies if you do not believe that you have been hurt. Keep in mind that many serious injuries may have delayed symptoms or not be readily apparent except to a doctor.
If you wait days or weeks to see a doctor, an insurance company uses that delay as evidence that you either weren’t injured as badly as you claim or that you didn’t treat your injuries properly. This is a common tactic used to mitigate the value of property liability claims.
Look for people who might have seen your case. Get their names, phone numbers, or contact information in case they are needed as witnesses.
Try to make sure you contact a slip and fall attorney as soon as possible. Avoid speaking to an insurance company until you have legal counsel.
Typical injuries from slipping and falling accidents
The most common injuries from slipping and falling accidents include:
- Head injuries
- Traumatic brain injuries
- Broken bones
- Hip or pelvic fracture
- Cuts and lacerations
- Sprains and strains
- Back injuries
- Spinal cord injuries (including partial or total paralysis)
Elements of successful fall damage
A slip and fall process requires evidence of the four elements that are central to most negligence claims:
- Duty of care – A property owner must have had a duty of care towards you in order to warn of a dangerous condition or to make the condition safe.
- Breach of duty – The property owner must have violated this duty of care by not warning of a dangerous condition or making the condition safe.
- root cause – The landlord’s breach of duty must have caused your injuries.
- Damage – Your injuries must have resulted in damage.
Most Slide and drop case are solved by settlements. When the case goes to court, your attorney will present your case to prove the negligence of the property owner by a preponderance of evidence so that you can win a jury award.
Texas Slip and Fall Laws
Texas law sets a statute of limitations of two years from the date of a slip or fall accident to file a lawsuit. The limitation period can be postponed if the victim was a minor. In this case, the crash victim has two years to report from the age of 18.
Texas Civil Practice and Remedies Code Section 33.001 sets out “reasonable responsibility,” more commonly known as modified comparative fault, that prevents an individual from seeking compensation if their percentage of responsibility exceeds 50 percent.
Texas Civil Practice and Remedies Code Section 33.012 requires the court to reduce the amount of damages recovered from an individual in a slip and fall case by a percentage equal to their percentage of responsibility. That means that if a person is awarded $ 100,000 in a slip and fall incident for which they are guilty of 25 percent, their reward will be reduced by $ 25,000 and $ 75,000 in compensation receives.
Contact a Texas slip and case attorney at Herrman & Herrman
Herrman & Herrman lawyers are ready to fight for you if you are seriously injured in a fall accident on Corpus Christi. We are a bilingual law firm that communicates in English or Spanish. We are there for you, day and night.
Call (361) 882-4357 or contact us online to schedule a free consultation and we’ll help you get the compensation you deserve.