After you or a loved one are hurt in a slip and fall accident, you may face medical bills, lost wages, and pain and suffering as you recover from your injuries. As you consider pursuing compensation to help cover these costs, you may wonder who is at fault in a slip and fall claim. Typically, the property owner is at fault; however, other parties may share liability.
On this page, we will try to answer your questions about slip and fall injury claims in Texas. With this information, you can weigh your options and make the best choices for your situation.
Premises Liability Laws and How They Might Affect Your Claim
According to Texas Civil Practices and Remedies Code § 75.002, a property owner owes a duty of care to keep their property reasonably safe for those legally visiting the premises. If they fail to do so due to their negligence, then they may be held liable for accidents that happen on the premises. This is called “premises liability,” and it is often how you can pursue compensation in a slip and fall claim.
Parties Who Can Be Held Liable in a Premises Liability Claim
The property owner can be at fault, but there are also other parties that may be held liable as well. Tenants could be at fault if their actions or negligence led to your injury, even if they do not own the property. If you were injured due to the negligence of someone renting or occupying a property that they do not own, that does not necessarily bar you from recovering damages.
Additionally, businesses and even government entities may be held liable in certain circumstances. A lawyer who handles slip and fall accidents can help you determine all possible at-fault parties.
How to File a Premises Liability Claim for a Slip and Fall Accident
A personal injury attorney can help you file a lawsuit to recover damages caused by your slip and fall accident. They will investigate the circumstances of your fall, gather evidence, and compile the strongest possible case on your behalf.
In order to prove fault in a slip and fall premises liability case, you and your attorney will need to prove that the property owner knew (or had reason to know) of conditions that led to your fall. Your lawyer will also need to prove the liable party’s negligence in not addressing the hazardous conditions in question led to your injury.
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Injuries that Can Result from Slipping and Falling
Slip and fall injuries can range from mild to life-altering.
- Broken hip: Seniors are at particular risk of breaking their hips in a slip and fall accident.
- Broken bones: Fractures in other parts of the body—especially your extremities—as you try to catch yourself while falling, can also be severe.
- Traumatic brain injuries (TBI): Traumatic brain injuries such as concussions and even coma can result from hitting your head when you fall.
Types of Damages You Can Recover from a Slip and Fall Claim
You can recover both economic damages and non-economic damages from a slip and fall premises liability claim.
Economic damages encompass things like medical bills and lost wages. Everything that costs a concrete amount of money, from prescription costs to physical therapy bills, falls under this category. Additionally, your lost wages if you cannot work after an accident and your lost earning potential, should you not be able to work in the future, also fall under this category.
Non-economic damages cover the less tangible (but just as real) damages to your mental and emotional well-being. Your pain and suffering fall under this heading, as well as your loss of enjoyment of life and inability to participate in day-to-day life the way you once did. Any hobbies or other things you used to enjoy that you can no longer take part in may be included under non-economic damages.
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The Statute of Limitations on a Slip and Fall Claim
According to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for pursuing a personal injury case in the state of Texas is generally two years after the incident. However, there may be exceptions to this rule.
To find out if you are still able to file a slip and fall action given your particular circumstances, retain a personal injury lawyer who can evaluate your case and offer you advice.
An attorney from Loncar Lyon Jenkins can help you with your claim. Call us today at (877) 239-4878 to learn more about how we can be the Strong Arm for you in your time of need.