We’ve all occasionally lost our balance and tripped, and apart from sustaining a bit of a bruised ego, such stumbles usually don’t cause serious harm.
But many slips and falls are more than a case of clumsiness — often, they happen because of someone else’s negligence.
If you’ve sustained injuries in a slip and fall caused by someone else, you could be entitled to compensation. Slip and fall accident claims are a branch of premises liability, which imposes a duty on property owners to maintain a safe environment and holds them accountable for accidents and injuries that occur on their premises.
Slip and fall accidents can happen anywhere – especially in San Antonio’s bustling and tourism-driven urban center. Restaurants, nursing homes, shopping malls, and supermarkets are prime locations for accidents.
Walmart Supercenters and San Antonio River Walk — home to the Alamo and Shops at Rivercenter — regularly draw large crowds of families, tourists, and locals. And despite the existence of entire operations divisions responsible for maintenance and public safety, accidents happen.
If you’ve slipped on a wet floor, tripped on a hazard, or fallen down steps because the property owner failed to maintain a safe environment, San Antonio slip and fall lawyer and Law Ninja Dr. Louis Patino can help you get justice and compensation for your injuries.
We pride ourselves on offering a personalized service that turns the “typical personal injury attorney” stereotype on its head and ensures you’re satisfied with the outcome of your case.
Every claim begins with a free, no-obligation case review with our English and Spanish-speaking slip and fall personal injury lawyer so you can learn about your options and determine if we’re the right firm for you.
You’ll also never pay fees until we win your case.
To speak to our slip and fall lawyer in San Antonio, get in touch online, in person, or by phone.
You can always reach us by telephone. Call 855-LAW-NINJA, and you will be redirected to our San Antonio office or out-of-hours line, manned 24/7.
If you’d prefer to write to us, you can submit a confidential contact form on our dedicated contact page or any page on our website. After receiving your message, we will call to discuss your case further.
If you cannot visit us in San Antonio, we offer video calls, giving you all the benefits of an in-person consultation from the comfort of your home.
If you can attend your case review in person, you’re welcome to visit our office at Alamo Towers, 901 NE 410 Loop #700, San Antonio, TX 78209.
We understand your injuries may make it difficult for you to attend our office. We want to make recovering your rightful compensation as easy and stress-free as possible, so if you’re unable to travel to us, we may be able to come to you. Just call or send us a message letting us know where you are, and we’ll arrange a time and date that works for you.
A fall is sometimes unavoidable, but most are preventable and occur because a person or organization has introduced a hazard or failed to remove or warn of an existing one.
Understanding the cause of your slip and fall is crucial for your personal injury claim, as it informs who might be responsible for your accident and, therefore, who you can recover compensation from.
Some of the most common causes of slip and fall accidents in San Antonio are:
Individuals who suffer injuries and losses after a slip and fall accident caused by a property owner’s negligence can seek compensation under Texas law. Contact us today for a free, no-obligation case review to discuss the details of your accident and see if you have a claim.
Texas law imposes a legal duty on property owners to maintain their premises so that their visitors, clients, and customers are safe from harm. A property owner in the context of who might be liable for your injury and owe you money in a personal injury claim can be a government entity or private individual, and they need not strictly own the property.
For example, if a restaurant owner leases space for their business and doesn’t properly clean a spillage and place a wet floor sign, causing you to slip and injure your back, you could hold the restaurant owner liable despite them not owning the property.
It is not enough for an injury to occur on the premises. To successfully recover compensation, you must show that the property owner (or the business operating out of a location) negligently maintained the premises, either through action (such as leaving trash in a walkway that visitors can trip over) or inaction (for example, failing to place a wet floor sign next to a spillage or failing to replace a torn carpet when alerted to the hazard by an employee).
You must prove four elements:
To establish a duty of care, you must show:
You must then show the property owner (or manager or tenant) breached their duty of care by proving they knew (or reasonably should have known) that the environment was dangerous and posed a risk and that they failed to maintain the premises or did not take reasonable measures to repair, remove, or warn of a known hazard.
When you suffer a slip and fall in San Antonio, you will likely incur damages — or losses. These losses can have a tangible monetary value, such as losing wages from being unable to work and having to pay for medical treatment. However, they may be non-economic, covering physical pain, mental anguish, and loss of enjoyment — for example, if your injury makes it impossible for you to participate in hobbies or activities.
To recover compensation, you must present evidence showing you sustained damages. Your slip and fall lawyer in San Antonio can investigate your accident to gather evidence and advise you on what documentation to keep hold of to support your case.
Causation is the final element, and insurance companies often dispute it. Causation is the link tying together your accident, injuries, and the party you are holding responsible — you must show that their breach of duty (negligence) caused you harm. Insurance adjusters may dispute you were hurt in the accident, arguing that you sustained your injuries later on in a separate event, especially if you discuss your accident with an adjuster and do not mention an injury you later claim for.
Insurance companies will usually contact you to discuss a settlement while you’re still recovering and do not know the extent of your injuries or the potential long-term consequences. Your condition may worsen, or you might develop new injuries after the initial conversation with the insurer. In any case, the insurer will use any gaps or inconsistencies to reduce liability by claiming the accident did not cause your injuries.
This scenario is one reason we advise against speaking with insurance adjusters after your accident and why hiring a slip and fall personal injury lawyer in San Antonio is beneficial — we can handle all communications with insurance companies and protect your rights. This is also why we encourage anyone hurt in a slip and fall accident to seek medical attention as soon as possible — even if you initially feel okay — as it documents your injuries and symptoms and proves your injuries occurred during the fall.
Insurers may also argue you are majorly responsible for your injuries, such as if you were distracted when you slipped and would have seen the hazard and been able to avoid harm if you were paying attention. If an insurance company successfully proves your negligence contributed to your accident, you will recover less compensation — and you may not be entitled to any financial award.
When considering whether the property owner acted negligently in causing the slip and fall accident, lawyers, insurance adjusters, and courts may ask the following questions:
Establishing the property owner’s knowledge of and control over a dangerous condition on the premises helps you establish multiple elements required to meet the personal injury burden of proof and recover compensation for your slip and fall injuries.
When you suffer an injury in a premises liability accident caused by someone else’s negligence — whether a person, company, government agency, or other organization – you are entitled to compensation for your losses.
Some of the most common damages our slip and fall personal injury lawyer recovers for clients are:
You may wonder about the average payout in a slip and fall claim or want to know exactly how much you can expect to recover. Unfortunately, the compensation you are entitled to depends on several factors, and the amount you deserve and how much you recover are not necessarily the same.
You can easily calculate your economic damages by totaling your medical expenses, lost wages, and other verifiable losses you’ve suffered due to your accident. However, you should wait to achieve maximum medical improvement — or at least ensure you know what further treatment you might need and understand the nature of your recovery — as you could be entitled to more. You can also recover your future losses for ongoing treatment.
However, the challenge comes with calculating your non-economic losses for pain and suffering, mental anguish, and more. These losses are subjective — they do not have a fixed monetary value. If an individual slips on a wet floor and injures their back, causing nerve or spinal cord damage that leaves them partially paralyzed, how can anyone put a price on that?
How much money is it worth when an individual cannot walk, pick up their young grandchildren, play golf, or enjoy the hobbies and activities that such a life-changing injury limits?
Insurance companies typically apply a multiplier to your economic damages to calculate non-economic damages, with more severe, life-altering, and permanent injuries warranting a higher multiplier. But the formulas insurance companies use vary by provider, and there are many other factors at play, including the experience and advocacy of your chosen slip and fall injury lawyer, the strength of your evidence proving liability, and the willingness of the at-fault party to accept responsibility and resolve the claim.
You may also have to decide between negotiating a settlement or filing a personal injury lawsuit. Both routes have benefits. A settlement is private and typically faster, as you will not have to wait for a court date. You’ll also likely save on legal fees. With a lawsuit, there is always a risk — you may reject a settlement offer only for a jury to decide the defendant was not negligent, and you will not recover any compensation. However, a court judgment can be significantly higher than any sum offered during settlement negotiations.
Our slip and fall lawyer in San Antonio can assess your accident and determine if you have a claim, gather evidence to prove liability, and negotiate the maximum possible settlement for your injuries so you receive the compensation you deserve. However, we are also seasoned trial advocates who have secured massive judgments in court, and we’re not afraid to pursue a lawsuit if we believe you have a strong case and the at-fault party’s insurer refuses to make a fair offer. We will always explain your options and the advantages and drawbacks of each route so you can make an informed decision.
If you’ve experienced a slip and fall accident in San Antonio, taking these will protect your rights, maximize your entitlement to compensation, and — most importantly — ensure you get the treatment and support you need for your injuries.
Here’s what to do when you slip and fall, whether at a store, restaurant, bank, workplace or elsewhere.
1. Check for injuries: Your health and safety are paramount. The first thing you should do after a slip and fall is check for any injuries. Pay attention to your body and notice any soreness, discomfort, tingling, dullness, numbness, or other unusual sensations. You should only attempt to move if you do not feel any pain. Even then, you should move slowly and take your time, as you may feel shaky or have sustained injuries that do not immediately appear. If you are in pain, lightheaded, tingly, or have physical injuries such as a wound, bleeding, or swelling, call for help and do not attempt to move.
2. Report the accident: You should report your accident to the owner or manager of the premises where you sustained your injury to create a record. If they are not available, alert whoever is in charge. You should report the accident as soon as possible — ideally immediately unless you need urgent medical care. The owner, manager, tenant, or other party will create an incident report recording what happened, the injuries sustained, and anyone who may have witnessed your slip and fall. Being present allows you to contribute to the report and ensure crucial details are not conveniently omitted.
3. Seek medical attention: If you do not need urgent treatment for an open wound, traumatic brain injury, or spinal cord injury after your slip and fall, you should still get a medical checkup after your accident. You may think you’re not hurt or push through the pain you’re in to avoid medical bills, causing a fuss, or being forced to take time off work, but visiting a doctor is the best thing you can do if you think you may be entitled to compensation. It could also prove critical for your recovery.
A medical professional can identify potential issues you should monitor and diagnose and prescribe treatment for health conditions even if you’ve yet to experience physical symptoms. Early intervention gives you the best chance of recovery, whatever your injury. If your slip and fall accident was caused by someone’s negligence, seeking medical attention becomes vital because it documents when your injuries occurred and their severity, helping you prove damages and causation in a slip and fall personal injury claim.
If you are worried about the cost of medical treatment, you should speak to a San Antonio slip and fall lawyer as soon as possible. We can help you get the care you need and defer payment until your claim is resolved or arrange a payment plan with your medical provider.
4. Gather evidence: There is no better opportunity to collect evidence for a personal injury claim than during the immediate aftermath of your slip and fall accident. Unfortunately, this window is often short, and you may not be physically or emotionally able to gather evidence at the scene. If you can — or can ask someone you trust to do so on your behalf — try to take photos or videos of your injuries, the premises, and the hazard that caused your slip and fall, and collect statements and contact information from any witnesses who saw your slip and fall and the events leading to it.
5. Contact a slip and fall personal injury attorney: The final step is to contact an experienced slip and fall personal injury lawyer in San Antonio — if you haven’t already. An attorney can be a valuable ally in your physical, emotional, and financial recovery, helping arrange treatment, lifting the burden of gathering evidence and navigating the law as you prioritize your health, dealing with stubborn and pushy insurance companies trying to shift blame or devalue your claim, and negotiating maximum compensation that fairly compensates you for the damage caused by someone else’s negligence.
You must file a slip and fall claim against an at-fault party within the personal injury statute of limitations — two years in Texas. If you do not file legal action within this time, you cannot recover compensation. However, if you accept a settlement, you cannot recover more money in a lawsuit should your accident-related expenses increase, or your injuries worsen, even if there is still time on the clock.
We highly recommend consulting a slip and fall lawyer as soon as possible after your accident. Many claims settle long before talks of a lawsuit, but negotiation takes time, and some insurance adjusters may drag their heels, refuse to accept liability, or insult you with unfair offers. Kicking off the process early on allows you to understand your options and gather evidence to build a strong case, whether you accept a settlement or pursue a more substantial judgment in court.
You must file a slip and fall claim against an at-fault party within the personal injury statute of limitations — two years in Texas. If you do not file legal action within this time, you cannot recover compensation. However, if you accept a settlement, you cannot recover more money in a lawsuit should your accident-related expenses increase, or your injuries worsen, even if there is still time on the clock.
We highly recommend consulting a slip and fall lawyer as soon as possible after your accident. Many claims settle long before talks of a lawsuit, but negotiation takes time, and some insurance adjusters may drag their heels, refuse to accept liability, or insult you with unfair offers. Kicking off the process early on allows you to understand your options and gather evidence to build a strong case, whether you accept a settlement or pursue a more substantial judgment in court.
The National Floor Safety Institute (NFSI) reports that falls are the leading cause of visits to the emergency room, totaling eight million each year. Over one million of these visits are for slips and falls specifically. Those aged 65 and over are especially vulnerable — according to Centers for Disease Control and Prevention (CDC), more than one out of four older people falls each year, and once a victim has suffered a fall, they are twice as likely to do so again.
While some slip and fall accidents do not result in injury, others cause severe injuries that can have a life-changing impact. Some of the most common injuries that can result from slip and fall accidents are:
Aside from physical injuries, slip and fall victims may face financial challenges if they miss work to seek medical attention or recover. This combination can also cause emotional distress. Fortunately, our slip and fall personal injury lawyer in San Antonio can recover compensation for these losses and more.
Texas law requires landowners to keep their properties reasonably safe for visitors, but what constitutes a “visitor”?
There are three categories of visitors acknowledged in premises liability cases. Each is entitled to specific obligations from property owners, which determine whether or not they can hold the owner liable for injuries they sustain on the property.
An invitee is someone the property owner explicitly invites onto their property for public use or business. A typical example of an invitee is a customer who patronizes a business for the owner’s benefit, such as a patient who visits a doctor’s office to obtain medical treatment or a customer who dines at a restaurant. People who visit public places such as parks, beaches, and playgrounds are also invitees.
Texas law imposes the highest duty of care to invitees. Landowners owe legal obligations to invitees to remove hazards on the premises or warn invitees of known dangerous conditions that could lead to a slip and fall accident. Failure to fulfill these obligations is a breach of duty owed to the invitees, subjecting landowners to liability if a slip and fall accident occurs.
A licensee is a visitor who may or may not have explicit or implicit permission to visit another’s property. Invited licensees are primarily family members and other social guests. Other licensees with implied consent include salespeople, postal workers, off-duty employees, and delivery persons. The level of care owed to a licensee depends on their specific purpose for entering the premises and whether the property owner explicitly invited them.
Uninvited licensees generally don’t have the same rights under Texas law as those who have received explicit invites from property owners. However, property owners must still refrain from intentionally harming uninvited licensees — such as by creating a hidden hazardous condition likely to injure people on the premises.
Trespassers are individuals who enter another person’s property without explicit or implicit permission from the landowner. Under Texas law, property owners only owe a duty toward child trespassers to protect them from injuries. For example, a young child might intentionally or unintentionally trespass on private property. In this case, a property owner may be liable when a child is hurt by a hazard that the law would classify as an attractive nuisance.
An attractive nuisance is any dangerous feature on private property likely to appeal to a young child and cause them harm. Texas landowners have a legal obligation to protect child trespassers by eliminating potential “attractive” dangers that can lead to severe injuries or death.
Examples of attractive nuisances include:
Property owners are not liable for slip and fall injuries suffered by adult trespassers. However, as with licensees, landowners must not intentionally cause injury to adult trespassers.
If you’re the victim of a slip and fall accident, our leading premises liability lawyer in San Antonio can fight for the compensation you deserve.
We offer a free, no-obligation case review so we can assess your accident and objectively help you decide whether you have a viable claim against the other party, saving you time, money, and emotional stress. Once we start your case, we’ll negotiate fiercely to secure a settlement you will be satisfied with both in the short term and years from now, but we’re not afraid to fight for a favorable judgment in court if the at-fault party refuses to accept liability or offer you a fair sum.
Call your trusted personal injury law firm today at 855-LAW-NINJA or write to us through our confidential contact page to get started. We’re available 24/7 and will explore your options for recovering compensation. If you decide we’re the right slip and fall personal injury lawyer for you, we’ll start building your case immediately to recover maximum compensation.
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