A slip and fall incident often occurs when a person suffers an injury due to a hazardous condition on someone else’s property. When property owners or managers fail to maintain a reasonably safe environment, they become responsible for any resulting accidents.
Insurance companies often attempt to minimize payouts in such cases. A Houston slip and fall lawyer can negotiate on your behalf, ensuring you receive a fair settlement that covers the broad scope of your damages. A personal injury attorney at Williams Hart & Boundas can manage and correctly file all the necessary documentation on time.
How Does Liability Work in Slip and Fall Claims?
Slip and fall cases rely on premises liability law, which assigns legal responsibility to property owners for injuries that individuals suffer while on their property. Property owners must uphold a duty of care toward anyone who enters their property, depending on whether the person is an invitee, licensee, or trespasser. Owners owe invitees, such as customers in a store, the highest duty of care.
They must actively inspect for hazards and either resolve them or provide clear warnings. A breach occurs when the property owner fails to maintain reasonably safe premises or neglects to warn visitors about known hazards. These actions could involve failing to clean up spills, delaying repairs to broken surfaces, or failing to issue warnings for slippery floors.
The plaintiff must prove that the property owner’s breach of duty directly caused their injury. For example, if a spill on the floor caused you to slip and fall, you must show that the spill and the owner’s inaction directly led to the accident. The owner or landlord of the property where the accident occurred typically holds primary responsibility for the incident.
If you suffer an accident on a commercial property, the business owner may be held liable. When the accident occurs on public property, the government entity responsible for maintaining the property may be liable. A Houston attorney can explain your legal rights, investigate what caused the slip and fall, and build a strong case to pursue compensation for your injuries.
Proving Negligence
Negligence is a central concept in slip and fall cases. It involves a property owner’s failure to exercise reasonable care to prevent harm to others on their premises. This can involve creating a dangerous condition, failing to fix a known hazard, or not providing adequate warnings.
The injured party must prove that a dangerous condition existed on the property that caused their fall. The plaintiff must demonstrate that the property owner was aware of or should have been aware of the dangerous condition. Our Houston lawyers can gather evidence such as prior slip and fall accidents, maintenance logs, or witness statements, to prove the owner’s negligence.
Claiming Compensation for Slip and Fall Injuries
Consult a lawyer if you tripped and fell on someone’s property in Houston, as you may qualify for compensation for your injuries. In Texas, you have a limited time (two years from the date of the injury) to file a personal injury claim, including slip and fall cases. Texas follows a modified comparative negligence rule, so if you were partially at fault for the accident, your percentage of fault may reduce your compensation.
Compensation can cover a range of economic and non-economic damages from the accident. Economic damages include past and future medical expenses, lost wages, and property damage. Non-economic damages can encompass pain and suffering, emotional distress, and loss of enjoyment of life.
Reach Out to a Slip and Fall Attorney in Houston Today
A Houston slip and fall lawyer can investigate the accident, gather evidence such as surveillance footage and witness statements, and consult with industry professionals to demonstrate the property owner’s negligence. If the parties cannot reach a fair settlement, the lawyers at Williams Hart & Boundas can represent you in court and present evidence and arguments before a judge or jury.
Contact us today for a free case review.