A slip-and-fall accident is legally actionable if it results from dangerous property conditions or a negligent property owner. If you or your loved one suffered a slip and fall injury due to a property owner’s failure to maintain safe premises, you can seek compensation for your medical bills and more via a property insurance claim and contact slip and fall accident lawyer in Dallas.
What Defines Negligence in a Slip and Fall Accident?
According to Texas Civil Practice and Remedies Code Chapter 75, property owners have an obligation to maintain reasonably safe premises. When they fail to do so, injured parties can take legal action to recover personal injury damages.
The following hazardous conditions may constitute negligence in a slip and fall accident case:
- Broken sidewalks
- Potholes
- Cracked floorboards or tiles
- Ripped or torn rugs or carpeting
- Obstructed walkways
- Wet or slippery floors
- Poor lighting
- Lack of hand railings or stair rails
- Steep or narrow staircases
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How Can You Prove Slip and Fall Accident Liability?
Liability for your slip and fall will rest with the party whose negligent actions caused your injury. Depending on the circumstances and location of your accident, liable parties may include a property owner or manager, a business, or a government entity.
To prove your slip and fall is legally actionable, your slip and fall accident lawyer must build a case based on the following four elements of negligence:
- Duty of care. As mentioned, property owners and managers have a legal duty to keep their premises in a reasonably safe condition. In general, owners owe a duty of care to those legally on the property, but not to trespassers.
- Breach of duty. A property owner breaches their duty of care when they neglect maintenance or know (or reasonably should know) about a hazard or danger on their property and fail to remedy it.
- Causation. Causation is proof that your injury resulted from a property owner’s actions. A premises liability attorney with our law firm can help establish causation using evidence, including eyewitness testimony, surveillance video, and medical records.
- Damages. Finally, to secure compensation, you must show that your slip and fall injury led to financial losses.
What Damages Can You Recover for a Slip and Fall Injury?
Slip and fall accidents can cause severe, life-altering, and costly injuries, including broken bones, hip fractures, head injuries, traumatic brain injuries, and spinal cord injuries. If your slip and fall was not your fault, you deserve compensation to pay for your medical care and other damages.
In general, if your slip and fall is legally actionable, you can seek the following economic and non-economic damages from a liable party:
- Medical expenses, including ambulance transportation, emergency treatment, surgeries, hospitalizations, doctor’s fees, mobility aids and medical equipment, physical therapy, and long-term nursing
- Lost wages, earnings, and employment benefits, including loss of future earning capacity if you suffered a permanent or disabling injury that prevents you from working or returning to your previous job
- Personal property damages, including compensation for electronics, jewelry, or other damaged/destroyed personal items
- Pain and suffering, including scarring, disfigurement, loss of mobility, loss of cognitive functioning, emotional distress, mental anguish, and reduced quality of life
Slip and fall injuries can be fatal. If your loved one died because of a slip-and-fall accident, we can help qualifying family members recover compensation via a wrongful death claim or lawsuit. Awards may include the above damages and compensation for the loss of your family member’s care, support, and services, as well as funeral and burial costs.
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What Should You Do After a Slip and Fall if You Plan to Take Legal Action?
If you believe your slip and fall accident is legally actionable, you should take the following steps to protect your right to financial compensation:
Seek Medical Attention
If you did not receive emergency treatment following your accident, make an appointment to see your doctor immediately. Seeking treatment ensures you do not have an undiagnosed condition or worsening injury. It also creates a medical record to support your slip and fall accident claim.
Report Your Accident and Document the Scene
If your slip and fall happened at a business, you should make an official report. Do this as soon as possible following your accident. In addition, if you are physically able, document the scene. Take photographs, write down eyewitnesses’ names and contact information, note any hazardous conditions, and obtain a copy of the accident report.
Consider Contacting a Slip and Fall Accident Lawyer
Many premises liability cases begin with a property insurance claim. While you can pursue an insurance settlement without an attorney, hiring a lawyer can protect your rights and relieve your legal burden. A personal injury lawyer with our firm can do the following to assist you:
- Investigate your slip and fall and build a solid case proving property owner negligence
- Draft and file your insurance claim
- Communicate with insurance agents, opposing counsel, and other involved parties on your behalf
- Defend you from undue pressure or bad-faith insurance tactics
- Aggressively negotiate for fair compensation
- Prepare your case for civil court and represent you at trial, if necessary
You Must Adhere to Texas’s Statute of Limitations
If your slip and fall is legally actionable, you should get started on your case immediately. According to Texas Civil Practice and Remedies Code § 16.003, most victims have two years from their accident to file a personal injury or wrongful death lawsuit.
If the statute of limitations expires, the court will likely refuse your lawsuit. The deadline will also affect your insurance claim because if you cannot sue, the insurance company has no legal incentive to offer you a fair settlement. Our legal team can help you get started today.
Contact Loncar Lyon Jenkins About Your Slip and Fall Accident
If you or your loved one suffered injuries in a slip-and-fall accident in Texas, you may have grounds for legal action. Contact Loncar Lyon Jenkins for a free consultation and learn more about how our law firm can help you fight for the compensation you need and deserve.
We offer 24/7 legal assistance and take cases on contingency, meaning our services cost you nothing upfront or out of pocket. Connect with a lawyer near you today!