Every year, numerous Texans suffer injuries from slips and fall accidents In fact, slip and falls result in more than 1 million emergency room visits annually and represent the primary cause of lost days from work, according to the National Floor Safety Institute. Properties such as stores, gas stations, restaurants, parking lots, businesses and apartment buildings are often improperly maintained, thus leading to severe injuries from slip and fall accidents.
A premises liability claim is a specific type of negligence action brought as the result of alleged injuries caused by a condition of real property. A slip and fall injury can be very serious, as it can cause you to suffer from related injuries for years after the accident. Slip and fall accidents can cause significant injuries to your back, brain, hips, arms, knees, toes and/or legs. While it is hoped that you will be able to get back to full function, many times you are faced with having to miss a substantial amount of time at work or even quit your job, due to long term symptoms or even a permanent disability.
Slip and falls can cause severe bodily harm and result in chronic pain, lost wages, loss of earning capacity, impairment, disfigurement and costly medical treatment. When Texas property owners fail to fix or warn people about potentially dangerous conditions on their property, they may be held liable for injuries under Texas premises liability law.
In Texas, not everyone who slips and falls on someone else’s property will have a viable claim against the property owner for their injuries. The nature of the victim’s relationship to the property owner will be important to determining whether a claim exists.
Texas premises liability law makes a clear distinction between the following types of visitors to a property:
In Texas, property owners and/or possessors can be held liable for injuries to persons who enter upon their property. This is known as premises liability. The most common premises liability claims involve slip and falls, and/or injuries caused by disrepair of the property. In fact, property owners are required to exercise “reasonable” care to maintain safe premises and to limit the risk of injury to invitees and licensees. Failing to honor the duties owed to a particular visitor, depending on his or her status, can open the property owner and/or possessor up to liability if a slip and fall happens.
A property owner owes the following duties:
A possessor of property does not a duty of ordinary care to keep the premises in a reasonably safe condition for trespassers; however, when ta possessor tolerates repeated trespassing, an injured trespasser’s status may be upgraded to licensee.
Slip and fall claims must have some specific elements in order to be valid in Texas. These elements include that:
It is the plaintiff’s burden to prove these elements which pertain to a slip and fall claim and is key to a successful outcome. Our attorneys at Chandler | Ross, PLLC will provide invaluable help when it comes to establishing all of these elements in your slip and fall case.
A property owner will do anything they can to avoid liability for your slip and fall accident and injuries. As such, it is extremely important to carefully document the circumstances surrounding the incident.
Immediately following a slip and fall accident you should do the following:
Slip and falls may result from a variety of unsafe property conditions, including:
While some victims of slip and falls accidents are fortunate enough to walk away with minor bruises and scratches, many suffer serious injuries such as:
Injuries from slip and fall accident can radically change the course of your life. At Chandler | Ross PLLC, our attorneys are experienced at helping people get the compensation they deserve from property owners in premises liability and/or slip and fall accidents. Whether your injuries are due to the negligence or deliberate actions of someone else, we are here to help you through your case.
With offices in Denton, Dallas, and Fort Worth, Texas, Chandler | Ross, PLLC is well positioned to provide the most effective and highly-skilled Premises Liability – Slip and Fall Attorneys possible. Don’t wait, and don’t compromise – contact us today for a Free Case Evaluation and see how we can help you. In most cases, you pay nothing unless we settle your case or win a verdict. Contact Us now at (940)-800-2500 or firstname.lastname@example.org to schedule your free personal injury case evaluation and consultation