According to the Occupational Safety and Health Administration (OSHA), slip and fall accidents are responsible for about 15% of all accidental deaths in the United States. Slip and fall accidents can occur on residential property, a public street, sidewalk, retail store, or shopping mall and can cause mild to severe injuries that may be permanent. If a property owner’s negligence caused you to slip and fall, you are within your rights to hold them liable and recover fair compensation.
As an experienced slip and fall accident attorney, I can fight to protect your rights and pursue fair financial compensation for your injuries and damages. Even if the insurance company denies your claim, I can help you challenge the insurer's decision and explore your other legal options.
I proudly serve clients throughout Texas including Houston, Harris County, and the surrounding areas.
"Premises liability" is a legal term used to describe a situation whereby an individual becomes hurt or sustains an injury on someone else's property due to unsafe or defective conditions of the property. A plaintiff in a premises liability lawsuit seeks compensation for personal injuries and damages sustained due to the negligence or failure of a property or business owner to keep the property safe and hazard-free.
For example, if a storekeeper mops the floor but fails to warn customers that the floor is wet, a person may slip and become injured. The accident victim may have grounds to file a personal injury lawsuit against the store owner if the wet area wasn't marked. Other situations that could lead to a slip and fall accident include uneven flooring, slippery surfaces due to inclement weather, and insufficient lighting.
To establish fault and liability, the plaintiff must prove that:
The defendant owned a legal duty to the plaintiff
There was a breach of legal duty
The breach of the legal duty caused the plaintiff's injuries and other damages.
Proving the negligence of the property or business owner can also depend on the reason that the victim was on the property. Texas law recognizes three categories of people:
Invitee - An individual, such as a friend, relative, or customer, who has express or implied permission by the landowner to be on the property. The property owner has a duty of care to ensure that the premises are safe.
Licensee - An individual, such as a salesman, who has permission to be on the property but without the landowner or business’s express or implied invitation. The owner has a duty of care to warn the licensee of conditions that may cause harm.
Trespassers - An individual who is not authorized to be on the property. Property owners are generally not held accountable for an accident that occurs when the victim was trespassing unless that trespasser was a child.
Texas uses a modified comparative fault rule to determine the degree of fault when one party accuses another of committing a negligent act that caused an accident. If you are injured in an accident in Texas, the amount of compensation that you may recover will depend on whether it is determined that you were partially at fault for the accident.
For example, the property owner may argue that you ignored posted warning signs or weren’t paying attention to where you were walking (i.e. walking and texting). If that’s found to be true, it could be determined that you were 25 percent liable for the accident occurring. So if the total compensation for injuries was $10,000, you would only receive $7,500.
Navigating a premise liability claim can be complex. An experienced personal injury attorney who knows the nuances of applicable state law can help to prove:
the property or business owner was responsible for your safety and owed a legal duty of care to you.
there was an unsafe, defective, or dangerous condition on the property or store.
the property or business owner had prior knowledge of the defective or unsafe conditions on the property but failed to do anything about it.
the failure or negligence of the property or business owner to carry out adequate maintenance and keep the property reasonably safe was a huge factor in the injuries sustained.
If you were hurt in a slip and fall accident in Texas, you may have a claim against the property owner. Contact me today to schedule a one-on-one consultation. I will represent you compassionately and help pursue fair financial compensation for your premises-related injuries. I am proud to serve clients in Houston and Harris County, Texas. Call my law firm today to speak with an experienced Texas personal injury attorney.