Slip and fall accidents fall under the umbrella of personal injury law, meaning you can seek compensation for damages caused by negligence. However, several things set these types of cases apart. For example, negligence is often harder to prove in a Dallas slip and fall lawyer claim. Additionally, victims must prove they were on the property legally to be eligible for compensation, and businesses are often liable instead of individuals.
Negligence in a Slip and Fall Case Be Hard to Prove
Slip and fall accident cases address personal injuries resulting from negligent or hazardous property conditions. This type of accident falls under a branch of personal injury law known as premises liability law.
One way premises liability cases differ from other personal injury claims is that the injury-causing condition often develops over time. A spilled drink on the floor may go hours without being noticed. It could be days, weeks, or months before a broken staircase or uneven sidewalk causes a slip and fall. In contrast, an accident like a car collision or dog bite usually happens suddenly, and the negligent action is often quite obvious.
Gradually developing hazards can make establishing property-owner negligence more difficult. To be eligible for compensation, your lawyer must not only prove that the hazard caused your injury, but also that the property owner knew about it (or reasonably should have known about it) and failed to correct it.
Your Status and Actions on the Property Can Affect Your Right to Recover Slip and Fall Compensation
According to Texas Civil Practice and Remedies Code Chapter 75, property owners are usually not liable for trespassers’ injuries. Therefore, to secure slip and fall compensation, you must show you were on the property by expressed or implied invitation.
Your actions at the time of your accident may also affect whether or not you can recover slip and fall damages. Texas’s proportionate responsibility laws, outlined in Texas Civil Practice and Remedies Code § 33.001, state that if the court finds you partially liable for your injury, it will reduce your awards by your percentage of fault. This may happen if you were distracted or not being careful at the time of your injury.
If you are more than 50 percent liable, you cannot recover compensation. This rule applies to all personal injury cases—not just slip and fall accidents.
A Business May be Liable for Your Slip and Fall
Liability for a slip and fall accident can rest with a single individual, like a homeowner or renter. However, many premises liability cases involve a commercial entity.
For example, the liable party in a car accident case is usually the driver who hit you. But it can be harder to define the at-fault party if you suffered a slip-and-fall injury in a store, hotel, or parking lot.
Even if you know who is responsible, businesses often have large legal teams to defend against lawsuits, making your claim more difficult. This is just one reason it’s a good idea to have a personal injury lawyer on your side.
How Are Slip and Fall Accidents Similar to Other Personal Injury Cases?
Because slip and fall accidents are a type of personal injury case, they share many similarities with other injury cases, like vehicle accidents.
You Can Seek Economic and Non-Economic Damages
Personal injury claims can include compensation for your out-of-pocket expenses and losses related to your physical, mental, and emotional well-being. Slip and fall accident damages may include the following:
- Medical bills, including emergency transportation and treatment, hospital stays, doctor’s fees, medical procedures, rehabilitation and physical therapy, mobility aids, and extended nursing
- Lost income, including wages, tips, bonuses, and employment benefits
- Lost future earning capacity if you suffered an injury that interferes with your long-term work capabilities
- Pain and suffering, including scarring, disfigurement, chronic pain, mental anguish, emotional distress, loss of enjoyment, and diminished quality of life
Some premises liability accidents cause fatal injuries. If your loved one died because of a slip and fall, we can pursue wrongful death compensation on behalf of their estate and surviving family members. Awards may include medical bills, funeral and burial expenses, lost income, and loss of the decedent’s support, services, care, and guidance.
You Must Prove Fault
To win financial compensation, you must prove that your slip and fall resulted from another party’s negligent, reckless, or wrongful behavior. Doing so requires establishing the following four elements of negligence:
- Duty of care. In a premises liability lawsuit, the duty of care is a property owner’s legal obligation to keep their property in a reasonably safe condition.
- Breach of duty. A breach of duty is the failure to address potentially dangerous conditions, like broken or cracked flooring, poor lighting, or wet floors. Failure to post warning signs regarding known hazards can also be a breach of duty.
- Causation. Causation outlines how a property owner’s actions (or inaction) led to your slip and fall.
- Damages. Damages are proof your slip and fall resulted in injuries and financial losses.
You Are Bound by Texas’s Statute of Limitations
Slip and fall accidents are bound by Texas’s statute of limitations for personal injury. According to Texas Civil Practice and Remedies Code § 16.003, you have two years to sue for damages or take action for the wrongful death of a loved one. If the deadline passes, the court will likely refuse your case, even if you have a solid claim.
Do You Need a Slip and Fall Accident Attorney?
You do not have to hire a personal injury lawyer to handle your slip and fall accident case. However, securing representation can let responsible parties know you mean business. Working with an attorney from our law firm can also relieve you of the burden of your case, freeing you to focus on your health.
Our legal team can do the following:
- Investigate your slip and fall accident and identify liable parties
- Collect evidence proving fault, including medical records, accident reports, eyewitness statements, and expert testimony
- Draft and file insurance claims and legal paperwork
- Identify your losses and negotiate with the insurance company for a fair settlement
- Review your settlement offers, reject lowball payments, and defend you from bad-faith insurance tactics
- Manage and adhere to case deadlines
- File a lawsuit
- Represent you at trial, if necessary
Contact Loncar Lyon Jenkins Today for Help With Your Slip and Fall Case
Slip and fall cases can differ from other personal injury cases in numerous ways, but they also share many similarities with other accidental injury claims. If you or your loved one suffered injuries in a slip and fall, a premises liability lawyer with our firm can tell you more about your legal options and help you fight for fair compensation.
Contact Loncar Lyon Jenkins for a free consultation. We work on a contingency-fee basis, so our services cost nothing upfront or out of pocket. We offer 24/7 legal support. Connect with a personal injury attorney near you today.
