Texas Slip-and-Fall Lawyer

Private Property Slip-and-Fall Accidents

Claiming for a slip-and-fall accident on private property — such as a friend’s home or a residential rental property — requires a sensitive approach and an understanding of the unique legal considerations. Homeowners and landlords must maintain a safe environment for guests and tenants, but their specific obligations can vary. Our experienced slip-and-fall attorney can help you navigate these nuanced legal situations and pursue the compensation you deserve.

Public Property Slip-and-Fall

Slip-and-fall accidents on public property, such as a sidewalk, can be complex. Depending on the sidewalk’s location, liability may fall on the city, a private property owner, or a business. These cases often require a thorough investigation to determine the responsible party and prove negligence.

Slip-and-Fall Accidents at Work

Slip-and-fall accidents at work are unfortunately common. They can occur due to wet floors, uneven surfaces, poor lighting, or cluttered walkways. If you’ve been injured in a slip-and-fall accident at work, you may be entitled to workers’ compensation benefits. However, in some cases, you may also have grounds for a personal injury claim if their negligence contributed to your accident.

Swimming Pool Accidents

Swimming pools — whether at a private residence, hotel, or public facility — present unique slip-and-fall hazards. The surfaces around pools are inherently slippery, and property owners have a heightened duty to enforce safety measures, from non-slip tiles and proper drainage to adequate lighting and clear warning signs.

Pool owners can also be held liable under the “attractive nuisance” doctrine if a child is injured in an unsecured pool area. If you or a loved one has been injured in a swimming pool accident, our experienced attorney can help you navigate these complex cases to determine liability and recover compensation.

Common Causes of Slip-and-Fall Accidents

Hazards are everywhere. Some of the most common factors that contribute to slip-and-fall accidents are:

• Wet or slippery floors
• Uneven surfaces
• Poor lighting
• Loose or torn carpeting
• Cluttered walkways
• Poorly maintained staircases
• Ice and snow
• Potholes or cracks in parking lots
• Spilled liquids or food
• Lack of proper warning signs.

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 who you can recover compensation from.

Texas Slip-and-Fall Injuries

Fractured Bones

Bones are fragile, so fractures are common injuries suffered by people who slip and fall. These injuries can range from simple fractures to complex breaks requiring surgery and a lengthy recovery.

• Broken hips: Hip fractures are especially common among older adults.
• Broken ribs: Rib fractures can be painful and may take significant time to heal. In severe cases, they can lead to complications, such as pneumonia.
• Broken arms and legs: These fractures can be debilitating and require extensive medical care, including surgery, casting, and rehabilitation. Individuals with broken limbs may suffer chronic pain and weakness, affecting their lives long after the break has healed.

Soft Tissue Injury

Soft tissue injuries, such as sprains, strains, and bruises, are often overlooked but can cause significant pain and limit mobility.

• Cuts and abrasions: Slip-and-fall victims often get abrasions on their hands, arms, and legs from contact with the ground or other surfaces during falls. Cuts can become infected if not properly treated.
• Sprained wrists and ankles: Wrist and ankle sprains happen due to the sudden impact of a fall, especially if you land awkwardly or try to catch yourself by stretching your arm. These injuries can significantly impact mobility and ability to perform daily tasks.
• Spinal cord or back injuries: A spinal cord injury can happen when a person falls and hits their head, neck, or the base of their spine, potentially causing mild pain, whiplash, nerve damage, and disc herniations. A severe impact can cause temporary or permanent disability, affecting mobility, sensation, and bowel and bladder function.
• Knee damage: Knee injuries can range from mild sprains to severe ligament tears, potentially requiring surgery. These injuries can significantly impact mobility and your ability to participate in physical activities.

Traumatic Brain Injury

A fall can cause your head to strike the ground or an object, potentially resulting in a concussion or more severe traumatic brain injury (TBI). These injuries can have long-lasting cognitive and emotional effects, from persistent headaches, dizziness, and memory problems to long-term cognitive impairment and permanent disability.

What Compensation Can You Recover in a Slip-and-Fall Claim?

You may be entitled to compensation if you’ve been injured in a slip-and-fall accident because of someone else’s negligence.

Economic Damages

Economic damages represent the tangible financial losses you’ve suffered, including:

• Medical expenses, such as the cost of treatment, medications, physical therapy, hospital stays, counseling, speech and language therapy, transportation, adaptive devices, and other expenses associated with your injuries.
• Lost wages from needing time off work for treatment and recovery.
• Property damage to repair or replace glasses, watches, and other personal belongings.
• Future medical expenses for ongoing treatment over many months, years, or the rest of your life.
• Diminished earning capacity if your injuries prevent you from working at the same level or in the same role as before the accident.

Non-economic Damages

Non-economic damages are intangible losses that don’t have a fixed monetary value. They can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium.

In a personal injury lawsuit, a jury may award punitive damages to punish a defendant whose actions were particularly egregious or reckless.

How much compensation you can recover depends on several factors, including your injuries, how the accident has impacted your life, and the strength of your case. Our Texas slip-and-fall lawyer will work tirelessly to ensure you receive maximum compensation from a settlement or court judgment.

You can use our personal injury settlement calculator to determine how much compensation you might receive, calculated using your known expenses and the severity of your injuries. You can also contact us for a no-obligation case review to understand how your circumstances might affect your claim.

Claiming after a Slip-and-Fall Accident

Texas premises liability laws govern the duty of care property owners owe to individuals who are injured on their property. If a property owner breaches this duty, they can be held accountable in a compensation claim.

There are three different categories of visitors under Texas law, each owed a separate duty of care:

• Invitees: These are people invited onto the property for a commercial purpose, such as customers in a store. Property owners owe the highest duty of care to invitees, including the obligation to take reasonable steps to ensure the safety of their premises. These steps include regularly inspecting for and addressing potential hazards and providing adequate warnings of known dangers.
• Licensees: Licensees are individuals allowed on the property for their purpose or benefit. Examples include friends or family members visiting someone at their home or someone using a shortcut through a private property. Property owners owe a lesser duty of care to licensees than invitees. They must still warn licensees of known dangers, but they need not take proactive steps to prevent accidents or inspect for unknown hazards.
• Trespassers: Most of us are familiar with trespassing — being on somebody’s property without permission. Property owners owe the lowest duty of care to trespassers and do not have to warn of hazards or take steps to ensure a trespasser’s safety. However, an owner cannot intentionally injure trespassers or set a trap that could cause them harm.

To succeed in a slip-and-fall claim, you generally need to prove:

1. The property owner knew or should have known about the dangerous condition.
2. The property owner failed to repair the condition or warn about it.
3. This failure led to your accident and subsequent injuries.
4. You suffered damages (medical bills, lost income, and other incurred expenses or losses).

Our Texas slip-and-fall lawyer can help you navigate these complex legal requirements and build a strong case.

What to Do after a Slip-and-Fall Accident in Texas

If you’ve been involved in a slip-and-fall accident in Texas, taking the following steps can protect your rights and strengthen your potential claim:

Inform the Property Owner

You should report the incident to the property owner, manager, or supervisor immediately and ensure they create a written incident report. This step allows you to document the accident and explain how it happened. You should also request a copy, which your attorney can review later.

Note Witness Details

If anyone witnessed your fall, get their names and contact information. Their testimony could prove critical in supporting your claim by proving the property owner’s negligence.

Take Photographs

Document the scene, if possible, by taking photographs of your injuries and the hazardous conditions that caused your fall. For example, if you slipped on a liquid spillage at a grocery store, photograph the wet floor and the aisle. Additional photographs provide context, preventing the store from arguing there was a wet floor sign just out of shot.

Seek Medical Care

Seek medical attention promptly, even if you don’t think you’re seriously injured or you’re unsure if you can claim. Some injuries may not be immediately apparent, and delaying treatment could impact your entitlement to compensation and make your injuries worse, lengthening your recovery. Explain how the accident happened to your healthcare provider. This statement creates a medical record linking your injuries to the slip-and-fall incident. You should also follow instructions provided by your doctor and treatment plan, including taking medication as instructed and attending follow-up appointments and treatments.

Avoid Providing a Statement to Insurers

Insurance adjusters often reach out shortly after an accident, seeking a recorded statement. While they may seem friendly and concerned, their primary objective is to protect their interests. They aim to dispute your claim, question your credibility, and ultimately minimize their liability, which could result in a reduced payout or even a denied claim.

These adjusters are skilled at asking leading questions about your role in the accident and the extent of your injuries. They may try to get you to downplay your injuries or admit partial fault for the accident. If they offer a quick settlement to resolve your claim, it’s almost always less than what you’re truly entitled to.

When an insurance adjuster contacts you, be polite but firm. Inform them that you decline to provide a recorded statement and that you’ll consult with an attorney first. Remember, you have no obligation to give a statement, and it’s in your best interest to speak with a legal professional before communicating with the insurance company.

Contact a Slip-and-Fall Attorney

One of the most crucial steps after a slip-and-fall accident is to contact an experienced slip-and-fall attorney. A skilled lawyer can provide numerous benefits:

• They can assess the strength of your case and advise you on your legal options.
• They’ll handle all communications with insurance companies, protecting you from potentially damaging statements or accepting a low-ball settlement offer that won’t fairly compensate you for your injuries.
• They can gather and preserve evidence to support your claim, including collecting eyewitness statements.
• They’ll accurately calculate your damages — including future medical expenses and lost earnings — to ensure your compensation covers your losses.
• They can negotiate with insurance companies to secure the maximum settlement.
• If negotiations fail, your attorney can file a lawsuit. Many lawsuits do not go to trial, as further settlement negotiations usually result in an agreement. However, a lawyer can represent you at trial if necessary and present the strongest possible case.

Our Texas slip-and-fall lawyers offer a free, no-obligation case review. This allows you to understand your legal options without any commitment or pressure to choose us to represent you. We work on a contingency basis, so you only pay if we win.