Slip & Fall Injuries in McAllen

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Slip and fall cases are a type of personal injury case in which an individual slips or trips and is injured on another person’s property. Slip and fall cases are a type of “premises liability” legal action as they happen on the property (or premises) owned or maintained by someone else. Because of this, a property owner in Hidalgo County may be held legally responsible.

Slips and falls accidents result in more than one million emergency room visits, or 12% of the eight million emergency room visits each year in the United States due to some sort of fall. That’s comes out to over 2,000 each day in the United States. 

The Consumer Product Safety Commission (CPSC) reports that floors and flooring materials directly cause more than two million fall injuries every year.

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How Do I Get the Best Personal Injury Settlement?

Your McAllen slip and fall attorney will tell you that insurance adjusters will start the negotiations by offering a very low offer. The adjuster is doing this just to see whether you understand what your claim is worth and to gauge your patience.

That’s why you need an experienced McAllen slip and fall attorney.

An insurance adjuster won’t take an unrepresented injury victim very seriously when he or she asks for tens of thousands of dollars or more in damages. Work with an experienced attorney who knows how to negotiate and can get you the best settlement.

What Damages Can I Recover For My Slip And Fall Injuries?

According to the Centers for Disease Control and Prevention, the average hospital cost of a slip and fall is more than $30,000. Other research found that snow-related slip and fall accidents cost between $33,000 and $48,000 on average. 

In addition to medical bills and other damages, slip and fall accidents can mean an average of 11 lost days of work for an injured individual.

Your experienced McAllen slip and fall attorney can ask for economic damages that can include costs for medical bills, damage to your vehicle or other property, future medical bills, and lost wages. Non-economic damages often include pain and suffering, disfigurement, disability, and loss of consortium (physical affection from a spouse or partner).

What are the Common Types of Dangerous Conditions?

There are many dangerous conditions that can cause a person to slip and be injured. 

The National Floor Safety Institute found that over half (55%) of all slip and fall accidents are caused by hazardous walking surfaces. Especially in stores, there can be cluttered aisles, loose floorboards or tiles, damaged carpeting, and recently mopped or waxed floors. Cities and businesses can also fail to properly maintain sidewalks, parking lots, staircases, escalators and elevators. 

Also, a person in McAllen may have a claim in a slip and fall case because they fell in a parking lot or common area of a location because of ice or water build-up and a failure to keep the public walkways clear.

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What Are The Most Common Types of Slip and Fall Injuries?

Here’s a list of the most common injuries suffered in slip-and-fall accidents:

Head injuries Falls are the most frequent cause of traumatic brain injury (TBI). A TBI may be minor, or it may be a serious injury that results in ongoing seizures, mood changes, cognitive impairment, and other debilitating symptoms.
Hip fractures More than 95% of broken hips are suffered in falls, according to the CDC. A hip fracture typically requires surgery and hospitalization for up to seven days. Then there is extensive rehabilitation, sometimes while residing at a nursing home during recovery. A hip fracture often requires extensive surgery and a long recovery time, and it may require the implantation of an artificial hip. The pain, suffering, and limited mobility from a hip fracture can immediately alter your life, and you must be compensated for the consequences of your injury.
Back and spinal cord injuries The physical impact to a person’s body in a slip-and-fall accident can fracture vertebrae or cause slipped or herniated discs. These injuries are extremely painful and limit mobility. A spinal cord injury can lead to permanent paralysis, temporary paralysis, as well as other neurologic and sensory impairments. The Mayo Clinic found that falls cause more than 25% of all spinal cord injuries overall.
Shoulder injuries A slip-and-fall accident on someone else’s property in the McAllen area may cause a dislocated shoulder or an injury known as a “brachial plexus injury.” The brachial plexus is a network of nerves connecting the spinal cord to the shoulder, arm, and hand. These painful injuries to the brachial plexus typically require surgery and then physical therapy to rehabilitate the injured arm and shoulder joint.
Sprains and other fractures Slipping, tripping, and falling can mean a twisted or strained knee or ankle, as well as a sprain of the connective ligaments at those joints. The effect of landing on the ground or floor, or making contact with an object during a fall can break bones. The most frequent types of fractures from falls are hip, spine, forearm, leg, ankle, pelvis, upper arm, and hand fractures.

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How Do I Prove Fault in a Slip and Fall Case?

There isn’t an exact method to determine when another person is legally responsible for your injuries if you slip and fall. Each accident claim depends on whether the property owner used reasonable care to prevent a slip and fall or trip and fall accident from occurring. The specific facts of each case will determine whether the injured party was careless in not being aware of or avoiding the condition that caused the fall and injury. 

In most instances, a person injured in a slip and fall on someone else’s property must show a jury that the cause of the accident was a “dangerous condition,” and that the owner of the property knew or should have known about the dangerous condition. This condition must present an unreasonable risk to an individual on the property. Also, that condition must have been a condition that the injured person shouldn’t have anticipated under the circumstances. To establish that a property owner knew of a dangerous condition, you and your McAllen slip and fall attorney must show that:

  • The owner/possessor created the condition;
  • The owner/possessor knew the condition existed and negligently failed to correct it; or
  • The condition existed for such a length of time that the owner/possessor should have discovered and corrected it before your slip and fall accident.

A property owner or possessor will be held liable, if you and your McAllen slip and fall attorney show that it was foreseeable that his or her negligence would create the danger at issue.

Who May Be Responsible for My Injuries?

To recover damages in a slip and fall injury sustained on another’s property in Hidalgo County, a responsible party whose negligence caused the injury is required. That’s because some injuries are accidents caused by a person’s own carelessness.

Commercial Property

To be legally liable for the injuries you suffered when you slipped or tripped and fell while on someone else’s property, the owner/possessor of a store, restaurant, or other business (or an employee of the business):

  1. Must have caused the spill, the worn or torn area in the flooring, or other slippery or dangerous surface or item to be present;
  2. Must have been aware of the dangerous surface but failed to address it; or,
  3. Should have known of the dangerous condition, such as a loose floorboard or slippery wax because a “reasonable” person taking care of the property would have discovered and removed or repaired it.

The third situation is the most common—however, it’s also less certain than the first two because of the idea that the owner/possessor of a store “should have known.” Liability in these cases is decided by common sense or what a reasonable person would do in the same situation. The law determines whether the owner or occupier of property took reasonable precautions by deciding if the steps he or she took to keep the property in a safe condition.

In slip and fall cases on commercial property, frequently there are several individuals or entities that may be held liable for someone’s injuries. To correctly sort this out, an injured person should work with a knowledgeable McAllen slip and fall attorney.

Residential Property

Likewise in residential slip and fall claims, a landlord may be held liable to tenants or third parties for slip and fall injuries on rental property. To hold a landlord responsible for an injury, a tenant must prove the following:

  • The landlord was in control of the condition that caused the slip and fall;
  • Repairing the condition wouldn’t have been unreasonably expensive or difficult;
  • A serious injury was the foreseeable consequence of not remedying the condition; and,
  • The landlord’s failure to take reasonable steps to avoid an accident caused the tenant’s slip and fall injury.

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Takeaway

If you or a loved one has been seriously injured in a slip and fall accident, contact the attorney Mario Davila in McAllen. You should speak with a McAllen slip and fall accident attorney as soon as possible to evaluate your case. 

Our slip and fall attorneys in McAllen are also pleased to serve residents in the surrounding area, including Pharr, San Juan, Mission, Alamo, Hidalgo, Edinburg, Donna, Weslaco, Mercedes, Harlingen, Raymondville, San Benito, Harlingen, and Brownsville.

For a free assessment, contact our law firm today.