According to the Centers for Disease Control and Prevention (CDC), a slip and fall accident can cause serious injuries, including broken bones, spinal cord trauma, and traumatic brain injuries. Not only can these injuries be expensive to treat, but they can also cause you to miss time from work. If you or a loved one was hurt because a property owner was negligent, you may be able to receive compensation for your incurred damages.
A Lubbock slip and fall accident lawyer from Loncar Lyon Jenkins is here to help you with the legal aspects of your claim. When you call us today, we can discuss what you will need to promote your claim and how we can help. To get started, call us today at 800-777-7777.
Establishing a Slip and Fall Claim
All slip and fall claims are based on the legal theory of negligence.
To establish your right to compensation, you must be able to prove the following:
- The property owner had a duty of care to maintain safe premises for guests.
- The property owner breached legal duty.
- Because they breached their duty of care, you were injured.
- You suffered economic and noneconomic damages as a result of being injured.
One of the most critical aspects of your claim will rest on the evidence in your case and your role in the accident. To learn more about what this entails, reach out to Loncar Lyon Jenkins today.
For a free legal consultation with a slip and fall accidents lawyer serving Lubbock, call 800-777-7777
Classifications of Guests on Another Party’s Property
Visitors may go onto a property for different reasons. Sometimes, guests may enter a property with the intention to shop. In other situations, they may be there to socialize. Either way, if they were an authorized visitor, property owners have a duty of care to make their premises safe for others. They are even required to maintain safe grounds for trespassers, even though liability in these situations can become complicated.
Texas Law classifies visitors onto another party’s property into three categories:
An invitee is someone who visits the property with the owner’s knowledge for the mutual benefit of themselves and the property owner. Customers in a store would typically be classified as invitees. Property owners have the duty of making their property safe for invitees and warning them about concealed, unreasonably dangerous conditions that they should be aware of.
A licensee is a person who visits a property with the owner’s express or implied permission, such as a social guest. Property owners must warn social guests of any known, dangerous, or unobvious conditions on the property.
A trespasser is someone who does not have permission to be on the property or any right to be there. Property owners are generally not responsible for injuries that trespassers sustain while on their property unless they intentionally harmed the trespasser or the trespasser’s injuries were due to gross negligence.
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Property Owners Owe a Duty of Care to Children
Property owners must make the premises safe for visitors of all ages, including minor children. Because of a child’s lack of maturity and knowledge, they may not understand the potential danger of an area.
The law holds property owners in Texas liable for injuries that occur on their property when:
- The property owner knew or should have known that children were likely to visit.
- The property owner knew or should have known that the condition that harmed the child posed an unreasonable risk of death or serious injury.
- The injured child did not realize the risk involved with a dangerous condition on the property.
- The property owner failed to exercise reasonable care to eliminate the danger.
To learn more about how your Lubbock slip and fall accident lawyer can hold the liable party responsible for their negligence, call Loncar Lyon Jenkins today at 800-777-7777.
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What to Do After a Slip and Fall Accident
If you were injured because of a dangerous condition on another party’s property, you can take certain measures to protect the success of your claim by:
Seeking Medical Treatment
Even if you do not feel hurt, you may have suffered a soft tissue injury or another affliction that you may not immediately realize. Seeking medical attention and being tested for certain injuries can help you better understand your health condition. Be sure that you follow your doctor’s orders and receive all necessary follow-up care.
Revisiting the Scene
If you are able, try to revisit the scene where you were injured. You may be able to take pictures of the conditions that led to your injuries, such as debris on the floor, uneven flooring, a broken sidewalk, or another hazard. You may also notice surveillance cameras that may have captured the accident itself. Your Lubbock slip and fall accident lawyer can request the footage to learn more about how you were injured.
However, we urge you to be careful when revisiting the scene so that you do not cause further harm to yourself.
You may accumulate many documents and other critical pieces of information as you proceed with your claim.
Keep all of the following information in an organized location:
- Your medical records
- Your medical bills
- Pay Stubs and employment records that show how much time you missed from work due to the accident
- A written account of the accident
- The accident report filed at the accident scene, if available
- Correspondence from the property owner or insurance company
This information can help your Lubbock slip and fall accident lawyer calculate the cost of your incurred expenses and determine the severity of your injuries.
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Get Started on Your Claim Today
If you or a loved one slipped and fell on dangerous property, you have the right to pursue a personal injury claim to recover your losses. At Loncar Lyon Jenkins, we encourage you to reach out to our team today. Under Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of your accident to file a lawsuit against the negligent party. If you do not act within this period, you will not be able to take your case to court.
To get started with a free case review, call Loncar Lyon Jenkins today at 800-777-7777.