Slip-and-fall accidents can happen to anyone, anywhere, and the consequences can be significant. In Texas, a seemingly minor slip could result in needing a medical emergency or surgery in a nearby medical facility. You can also miss several days from work while nursing injuries.
Do not underestimate the legal context of the issue, no matter the magnitude of your slip and fall harm. You must act decisively to get the deserved compensation for your injury and losses. Otherwise, you may bear the medical and other related expenses out of your pocket.
This piece explains how the slip-and-fall settlement procedure unfolds in Texas. It helps you know the proper steps to take during a slip-and-fall accident.
Understanding a Slip and Fall Accident
A slip-and-fall mishap entails an individual slipping and falling and getting injured because of hazardous conditions on a given premises. In a trip-and-fall accident, you trip over an object due to slippery conditions instead of falling. Thus, “trip, slip, and fall” is a broad name for both accident types.
Slip, trip, and fall mishaps can occur indoors or outdoors on residential or commercial property. The legal consequences are the same irrespective of the place of occurrence. You can hold the individual or business accountable for your injuries if their negligence causes the mishap.
The Frequency of Slip and Fall Accidents
Over eight million individuals sustain varying degrees of injuries annually in slip and fall accidents. According to the Centers for Disease Control and Prevention (CDC), the statistics exclude over 800,000 people admitted for slip and fall harm.
Further, the National Safety Council (NSC) reports that over 211,000 work-associated slip and fall injuries annually lead to a minimum of one missed day at work. The NSC also says over 42,000 falls occur on average per annum. Fall-related injuries account for the second-leading cause of negligent harm-related mortalities in the US.
In addition, at least one out of every four older adults (aged 65 and above) falls annually. However, less than half inform their physician. According to the CDC, falling once doubles your probability of falling again.
Dissecting the Elements of a Slip and Fall Claim
You must meet the following conditions to file a slip and fall claim in Texas:
- The mishap occurred on another person’s property
- The manager or the owner of the property owed you a duty of care (legally responsible for your safety)
- There was an unsafe condition on the property that triggered or caused the incident
- You sustained injuries due to the occurrence
The legal standards applicable to a slip-and-fall matter differ depending on whether the victim was a licensee or an invitee on the premises. An invitee is an individual with implied or express permission to access the property for the owner or manager’s benefit. Invitees include home service professionals who come into the facility to offer services at the owner’s request or customers in a mall.
Conversely, a licensee is an individual on the property for their purposes. Examples include off-duty workers and door-to-door salespersons.
The property owner or manager has a legal role in avoiding “gross negligence” for invitees and licensees. Similarly, they have the duty of warning visitors of any known threats. However, there is a slight difference; the property owner also has a role in proactively checking the facility and either fixing or warning of any impending danger before an invitee enters the property.
You have the elements of slip-and-fall issues in Texas if your slip-and-fall mishap ticks all these boxes. However, you must engage a reputable personal injury attorney to increase your chances of getting the maximum compensation.
Typical Slip and Fall Harm
Slip and fall mishaps cause various injuries, such as back injuries, fractures (especially in the arms, wrists, and hands), neck injuries, spinal cord injuries, traumatic brain injuries (TBIs), and hip fractures.
According to the CDC, falls cause 95 percent of hip fractures. Over 300,000 older adults get hospitalized annually for fall-orchestrated hip fractures. Similarly, fall-related injuries are the leading cause of traumatic brain injuries in kids and older adults.
Typical Causes of Slip and Fall Accidents
Slip, trip, and fall mishaps usually happen due to the property owner’s carelessness or negligence. Instances of such negligence include:
- Poor maintenance, like abandoning objects on the floor
- Uneven surfaces, especially on walkways
- Water or other liquids left on the floor
- Poor lighting, like in parking garages and other public spaces
- Unmarked hindrances, like construction debris
- Loose handrails, improperly maintained stairs, and missing steps
Also, failure to warn about threats, like mounting a wet floor signal, leads to slip-and-fall accidents.
Proving Negligence in a Slip and Fall Accident
You need some crucial evidence to help you prove negligence in a slip and fall claim. They include security camera footage of your slip-and-fall accident, eyewitness statements, safety breaches that local, city, or state officials issued to the property owner, inspection records, and the shoes you wore when you slipped. Save the shoes in a plastic bag; do not wear them again until you conclude the case.
Furthermore, you can use medical records to prove the injuries you sustained from the incident. Insurers may waive off your claim for want of evidence if you do not provide medical records.
Identifying the Party Responsible for Your Slip and Fall
Slip and fall mishaps due to negligence entail premises liability law in Texas. This means that the property manager or owner is the liable party in most cases. They will compensate you for your losses due to the accident.
Most facility owners have liability insurance, such as business liability insurance or homeowner’s insurance, to cover those losses.
However, there can be other liable parties, depending on the context of your case. Other probable liable parties include manufacturers of defective safety items and businesses hired to assist in maintaining the premises. A lawyer can thoroughly investigate and identify every liable party in your case.
The Slip and Fall Expenses You Can Receive Compensation For
Your slip and fall claim should cover every expense related to your mishap. They include physical therapy, follow-up surgical procedures, pain and suffering, lost earnings due to missed work, loss of future income due to permanent disability, pain medication, and surgical procedures.
The Average Slip and Fall Settlement in Texas
There is no cap for slip and fall claims in Texas. Ultimately, you should receive financial compensation for your injury-related losses and expenditures.
You deserve compensation because someone else’s negligence causes you untold pain, losses, and hardship. Thus, the negligent individual should be legally responsible for the losses.
The Statute of Limitations on Slip and Fall in Texas
While you have the right to sue a negligent fellow for your slip and fall injuries, it is crucial to act promptly. After knowing your rights and options, you must act swiftly to avoid running against the statute of limitations.
The legal deadline to institute a slip-and-fall accident lawsuit is two years from the date of the accident. However, other deadlines may apply in some contexts.
“Waiting too long may make it challenging for you to build a robust and viable case,” says personal injury attorney Matthew Shaffer of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.
Why You Need a Slip and Fall Accident Lawyer
Insurance companies and attorneys representing the at-fault party have a professional obligation to represent their client’s interests. This can sometimes lead to a situation where the value of your claim may be minimized.
However, a reputable local attorney can help you build an outstanding case, defend your interests, and work to ensure you receive maximum compensation.
