Houston Slip and Fall Accident Lawyer
Don’t go at it alone — call our slip and fall lawyers to help get you compensation.
A fall isn’t a random, chance event. If you or a loved one has been injured or someone has died from a trip and fall due to someone else’s negligence or failure to maintain their property or correct hazards, you may be entitled to compensation through insurance or a lawsuit. Texas injury laws are complicated. Insurance companies will try to get you to settle for the lowest amount possible. However, a Houston slip and fall accident lawyer from the Waldman Legal Group can help you get compensation for all your losses. Don’t just move on with your life after a fall causes negative consequences for you and your family. If someone else is responsible for your injuries, medical bills, lost income, and pain, that party should be held accountable.
Depending on the circumstances, a responsible party could be the property’s owner, an outside company hired to manage it, or a tenant. Often, these parties will have insurance policies covering these kinds of claims. If the policyholder is responsible for your injuries, a settlement could be negotiated by a Houston slip and fall accident lawyer from the Waldman Legal Group, which should cover your medical expenses, lost wages, pain and suffering, and permanent disability, if you suffered one.
If a settlement can’t be reached, we will go to court to protect your legal rights to compensation caused by the responsible party. Our attorneys have successfully handled many slip and fall cases, as well as work-related accidents, and construction accidents. We know which evidence will effectively tell your story and the defenses the insurance company will try to put in your way. We will not stop until you receive a fair and equitable resolution to your slip and fall case.
Our slip and fall accident attorneys offer a free consultation to discuss the circumstances of your case and determine the best way to move forward. There are no costs to you unless and until we win a settlement for you.
Call our experienced team today at (713) 688-4878.
Our Slip and Fall Accident Lawyers in Houston Help Those Injured in Falls Bring Legal Claims
If you’re injured on someone else’s property, there are at least two possible legal causes of action a Houston slip and fall accident lawyer can file on your behalf.
Our personal injury lawyers can file a negligence claim, a premises liability claim, or both, for compensation for your injuries. A negligent act happens if there’s an “ongoing activity” when you were injured. A premises liability case could be filed if you’re injured because of a condition on the property.
Imagine you’re in a grocery store where some of the fresh vegetables are periodically sprayed with water. A half-hour after this was done, you walk into the store and slip and fall on a floor where water pooled. A court may not see this as “ongoing activity,” because you weren’t harmed by the sprayed water itself, but by a condition created after the spraying was done. In this situation, the case would be one of premises liability. If a floor in the store is in the process of being mopped and you slip on the wet floor, it may be seen as negligence.
Both types of cases are based in negligence, so there are similarities, but there are also some differences. Generally, a premises liability claim can be more difficult to prove because part of the case would be showing evidence that the defendant (the property owner, manager, or business renting or leasing the space) knew of or should have known of the unreasonably dangerous condition. Often a lawsuit filed by a slip and fall accident lawyer will include both negligence and premises liability claims.
What Our Slip and Fall Lawyers in Houston Can Do to Help You
Texas personal injury, premises liability, and wrongful death laws are complicated, and insurance companies have powerful attorneys on their side. Trying to fight them alone is difficult, but our slip and fall accident lawyers know the system and can handle all legal hurdles and negotiations. When you hire us we will:
- Investigate the circumstances of your accident thoroughly to find where another party was negligent and show why you were not at fault.
- Gather evidence such as from surveillance camera videos and police and medical reports
- Interview eyewitnesses and first responders
- Deal with insurance companies and aggressively negotiate for a fair settlement.
- Take your case to court if an agreement with insurance cannot be reached.
Whether negotiating with insurance, investigating, building, or arguing your case in court, our Houston slip and fall accident lawyers can take the burden off you, so you can concentrate on recovery.
Types of Compensation You May Win in Slip and Fall Lawsuit
In a successful lawsuit, our slip and fall attorneys may get you an award for both your monetary costs, called “special damages,” and your non-economic damages, also known as “general” damages (Texas CPRC Chapter 41).
Economic (Special) Damages
Special damages cover the cost of your bills for medical care and other calculable expenses, including:
- Medical and rehabilitation expenses
- Lost wages, current and future
- Property damages.
Non-economic (General) Damages
General damages are to compensate you for losses that do not have a specific dollar value but negatively affect your life. These may include:
- Physical, mental, and emotional pain and suffering, anguish, anxiety, and stress
- Loss of companionship and consortium
- Physical impairment, temporary and permanent limitations on activity
- Disfigurement and scarring
- General inconvenience and loss of quality and enjoyment of life.
In rare situations, where a fall was caused by actions that were wantonly reckless and negligent, you may also be awarded punitive or exemplary damages.
Our Houston Slip and Fall Attorneys Must Prove Negligence
In a slip and fall lawsuit, the responsible party is frequently the property or business owner or manager, but there may be multiple parties involved. For instance, multiple parties can include joint owners, management companies, or even a municipality that had a duty to fix a broken sidewalk. Our attorneys will strive to prove that any or all of these parties, the defendants in the case, were negligent and at fault.
In a negligence case, you (the plaintiff) would have the burden of proving:
- The defendant owed you a legal duty or obligation (provide you with a reasonably safe place to walk).
- The defendant breached that duty or failed to live up to that obligation.
- The defendant’s action, or failure to act, is the factual and legal (or proximate) cause of your injury.
- You suffered damages as a result.
In a premises liability case, the plaintiff must prove:
- The defendant knew, or should have known, of some condition on the premises.
- That condition posed an unreasonable risk of harm.
- The defendant did not exercise reasonable care to reduce or eliminate the risk.
- The owner’s failure was the factual and proximate cause of your injuries.
Status of Those Involved in a Slip and Fall Case
If you are injured because of a condition of the property, your legal status on the property impacts what legal duties the defendant owes you. That status can be as an invitee, a licensee, or a trespasser.
You enter the property with the owner’s knowledge and for the benefit of both parties — for instance, you’re a customer or a FedEx driver delivering a package. The defendant must warn you or make safe any condition posing an unreasonable risk the defendant knows about or should know about. The defendant should be aware of it because the problem could have been discovered with a reasonable inspection. Whether or not an inspection actually took place doesn’t matter.
You entered the property with permission, for your own benefit. You could be a social guest or a salesman. The defendant must warn you of, or make safe, any condition posing an unreasonable risk of harm that they actually know about, but you aren’t aware of. The defendant may counter that you knew about the problem because it was visible and obvious.
You would need to prove that the defendant had actual knowledge of the problem that caused the fall. This could be shown by evidence establishing that…
- The defendant saw or was told of the condition
- There were prior incidents involving the same or a similar problem
- The defendant created the problem, or
- The defendant tried to repair or prevent the condition.
If you enter a property without permission or legal right to do so, you would be considered a trespasser. The defendant’s only obligation is not to intentionally injure you or to do so because of gross negligence (an act or omission involving an extreme degree of risk, of which the defendant had actual awareness, but proceeded in conscious indifference to the rights, safety, and welfare of others). The defendant has no duty to maintain the property in a safe condition for strangers entering without permission.
If the injured party is a child who trespassed, however, there are different rules concerning situations that are considered to be an “attractive nuisance” (like an old well).
The plaintiff would need to show that…
- There was an artificial condition on the property and children were likely to trespass.
- The defendant knew or should have known it posed an unreasonable risk of injury or death to children.
- The injured child failed to understand the risk involved because of his or her age.
- The usefulness of maintaining the artificial condition and burden of eliminating it were slight compared to the risk to children.
- The defendant’s failure to use reasonable care to eliminate the danger or protect the child caused the injury.
Causes and Consequences of Slipping and Falling
Falls are a potential threat to health, especially if you’re elderly. According to the Centers for Disease Control and Prevention…
- 1 out of every 5 falls results in a serious injury such as broken bones or a head injury, and
- Serious injury caused by a fall can result in mounting medical bills and an extended absence from work. Performing household chores may be difficult and your personal life can be disrupted.
These accidents can happen on residential, business, or government-owned property. Slips and falls can have a number of causes:
- A surface can be covered in water or another substance that makes it slippery. The surface may be poorly designed, built, or maintained. Water may pool in an area that has poor drainage. A leaky water pipe may not be repaired. Store management may not act quickly enough to clean a spill.
- There may be something in the way, causing a trip. There may be a product in a store aisle or tools on the floor of a business where construction or repairs are taking place.
- The walking surface, such as a sidewalk, staircase, or parking lot, may be uneven, cracked, or on a steep pitch due to poor design, construction, or maintenance.
- The area may be poorly lit, so you can’t see potential dangers in front of you. There may be no lighting or insufficient lighting caused by burned-out bulbs, making a staircase or parking lot hazardous
After a fall, it can be difficult for someone to get around, perform everyday activities, work, and support their family. Other consequences of a serious fall can include …
- Broken bones, including those in the wrist, arm, ankle, and hip.
- Head and traumatic brain injuries, including concussions. These can be very serious, especially if the victim uses certain medications, such as blood thinners.
- Surgery may be needed to treat your injuries. If addictive pain medication is used as part of treatment, there’s a chance that an addiction can develop.
- Many who fall and are injured can fear future falls. They curtail their activities and become isolated. Subsequently, because they do less, they become weaker, increasing their chances of another fall.
Our Houston slip and fall attorneys at the Waldman Legal Group will fight for optimum compensation for all your injuries. Count on our experience and knowledge of Texas laws to fight aggressively on your behalf.
Timing Matters in a Slip and Fall Case
Talk to Our Houston Slip and Fall Accident Lawyer Today
Our Houston slip and fall accident lawyer at the Waldman Legal Group is dedicated to representing those injured in falls and pursuing compensation and justice for their families. Do not delay — Texas has a statute of limitations (Texas CPRC §16.001), a time limit that is generally two years after the date of the accident to file a lawsuit in court. If you miss this deadline, the courts are likely to dismiss your case.
Call us today at 713-688-4878 for your free slip and fall injury consultation. Your initial consultation is free, and you don’t pay us unless you win.