SLIP AND FALL ATTORNEYS
The U.S. reports countless slips and falls on a daily basis. Sometimes they occur because people aren’t paying attention to where they’re going. However, in most cases, falls occur because of hidden hazards in stores, restaurants, and businesses open to the public, among other locations.
If you suffer injuries due to a slip or fall, it’s possible that the negligent property owner can be held financially liable.
Slip and fall accident data in Texas
According to data from the World Health Organization, falls are the second leading cause of unintentional injury deaths worldwide.
It’s estimated that each year 684,000 people die from falls worldwide. Of these cases, 80% are located in low- and middle-income countries.
In Texas, the Bureau of Labor Statistics reported that at least 67 work-related deaths resulted from falls (the third leading cause of fatalities) in 2014. 43% of these falls occurred in the construction industry.
According to the National Floor Safety Institute (NFSI), slip and fall injuries result in more than one million emergency room visits each year. Spinal cord damage and traumatic brain injuries are also common injuries associated with falls, especially for people over the age of 65.
Where do most falls occur in Texas?
Slip and fall accidents are sometimes inevitable. But some places are more vulnerable to accidents due to negligence or the nature of activities performed there.
Here are some of the most common sites for slip and fall accidents:
Anyone can be injured in a store, restaurant, bar, workplace or another commercial establishment due to slippery or dangerous floors.
To hold the other party legally responsible for damages, you must prove that they knew about the potential risks but did nothing or should have known about the danger in time to take action.
Sidewalks, walkways and driveways
Specific laws and regulations in Texas require most property owners to ensure that surrounding sidewalks are a safe place for pedestrians. Cracks, potholes and damage can create serious hazards for pedestrians, leading to injury.
Property owners also have a responsibility to report any general defects in the property’s surroundings to government agencies. Unfortunately, when responsible parties fail to maintain these areas, slip and fall accidents may occur.
Swimming pools, gyms and baths
Places with lots of foot traffic, such as public restrooms, gyms or swimming pools, are always prone to accidents. Any slippery or wet surfaces in these areas require special attention from property owners.
A lawsuit can be filed for any injury caused due to a landlord’s negligence toward his/her tenants or a third party. For example, if the landlord’s failure to repair certain rental property features (such as an unreliable stairway, unpaved entrance ramp, poor lighting, clutter or limited visibility) causes foreseeable and severe damage, you should fight for your rights.
Types of slips and falls in Texas
A Texas slip and fall attorney can decide whether or not you are owed damages as a result of your accident and the injuries resulting from the incident.
Some common slip and fall accidents include:
Parking ramp defects: Parking ramp injuries can occur due to uneven surfaces, cracked asphalt or slippery pavement. A property owner has a duty to provide safe premises and failure to do so may result in liability.
Slippery surfaces: when spilled liquids or weather conditions create an unsafe condition on a property that results in injury, the property owner may be held liable if he/she knew of the hazard but failed to clean it up or warn people.
Poorly lit stairways: Poor lighting is a common cause of slips and falls in commercial buildings and parking lots.
Uneven sidewalks or pavement: A fall from uneven or cracked sidewalks can cause serious injuries resulting in hospitalization or worse.
Obstructed walkways: A property owner has a duty to remove obstructions from walkways to ensure the safety of residents or guests.
Unsecured cables: Unsecured cables and loose wires in hotels or offices, such as meeting rooms, can cause devastating injuries if someone trips over them.
Lack of handrails: Falls from an upper level are more likely to result in catastrophic injury or death. Many of these falls are caused by the lack of guardrails even though they are required by state and federal regulations.
Common causes of slips and falls in Texas
Every year, about one million people have to go to the emergency room as a result of slip and fall accidents. The effects of these accidents vary, from a few bumps and bruises to broken bones. Some are even fatal.
According to Industrial Safety & Hygiene News, some of the most common causes of slips and falls include:
- Surface conditions (uneven without warning signs).
- Freshly mopped or waxed floors.
- Loose carpeting, rugs or mats, especially on stairs.
- Potholes in parking lots.
- Spilled liquids.
- Spilled grease or oil.
- Environmental conditions, including trash or debris on the floor.
- Shiny floors causing glare.
- Poor lighting that makes it difficult to see obstacles.
- Open desk or cabinet drawers.
What damages can be recovered in a slip and fall accident in Texas?
In a slip and fall case, the amount of damages you’re entitled to depends on the severity of your injuries and the circumstances of the accident.
To receive the maximum compensation possible in your case, you should contact an experienced slip and fall attorney in Texas.
Generally, if an outside party was responsible for your injuries, you may be able to receive damages related to:
- Lost wages
- Loss of earning capacity
- Medical bills
- Future medical treatment including rehabilitation and therapy
- Pain and suffering
Texas also has its own set of laws regarding slip and fall cases that come into play if you are trying to recover damages for your accident following this type of injury.
Statute of limitations in Texas
The state of Texas imposes a two-year statute of limitations for filing a slip and fall case. While this time limit only applies to filing a case and doesn’t apply to insurance claims, it’s extremely important that you present a claim as soon as possible.
In some cases, an insurance claim may be prolonged or face obstacles, resulting in the statute of limitations running out before you have the opportunity to file a personal injury claim.
- Who is at fault in a slip and fall case?
The property owner is not necessarily liable for a fall you suffered on their property. You must be able to prove:
- That you were on the property lawfully.
- The dangerous condition you encountered there.
- That the property owner knew or should have known about the condition and failed to address it.
- Should I file a claim if I have suffered a slip and fall?
Yes, as long as you can prove that the owner or occupant of the property was negligent, resulting in your dangerous slip and fall accident.
- What will be the value of my slip and fall case?
The potential value of your claim depends on several factors, including the type and extent of your injuries. The only way to learn more about the value of your financial and non-financial damages is to speak with an expert slip and fall attorney.
- When should I contact an attorney?
The statute of limitations for all personal injury claims in Texas is two years. This isn’t a long period. We recommend that you contact a slip and fall attorney as soon as possible after the incident.
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Is there any upfront cost to entrusting my slip and fall case to Mario Davila?
No! When you hire a slip and fall personal injury lawyer, we’ll accept your case at no upfront cost or charge because we’re awarded contingency fees. Your attorney will help you start the legal process without you needing to worry about the cost.
You can get started today with a free consultation if you were injured in a slip and fall accident or if you need help with a wrongful death claim on behalf of a family member.
What are attorney contingency fees?
Contingency fees refer to the payment granted to your attorney when your case settles or you receive an award in court. The attorney is paid only if you’re awarded a settlement in your case.
At the start of your working relationship with your slip and fall attorney in Texas, he/she will provide you with a document detailing the percentage of compensation you both are entitled to.
Get in touch with a slip and fall attorney in Texas
Whether you have suffered a slip and fall accident in the Rio Grande Valley, Houston, San Antonio, Fort Worth, Dallas, Austin or elsewhere in Texas, you need an experienced slip and fall accident law firm dedicated to your case. Our lawyers will stand up for your rights and get the maximum compensation possible.
Get in touch with the Mario Davila Law Office as soon as possible to take advantage of your free consultation with a slip and fall accident attorney in Texas.