Slip & Fall Lawyers of Texas

Slip & Fall Lawyers of Texas

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Types Of Slip Fall Accidents

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Breaking Down A Slip And Fall Accident

  • If you’ve been hurt in a slip-and-fall accident, there are a few things you should know to ensure that you get compensated for your losses. Personal injury and tort law are complicated topics with a basic objective: to hold those who caused harm to an unaware third party accountable.

You may be perplexed by the similar-sounding phrases or all the legal jargon that is required to understand these claims, but nonetheless challenging to comprehend. This article will explain what a slip and fall is, as well as the various kinds and what you should do if you’re injured.

Common Causes Of Slip And Fall Accidents

 
  • Debris on floors
  • Exposed electrical wiring
  • Uneven stairs
  • Inadequate lighting
  • Cracked pavement
  • Uneven flooring
  • Wet flooring
  • Lack of handrails
  • Holes in flooring
  • Poorly placed fixtures
  • Inadequate warning signage
  • Worn carpet
  • Spilled food or drink
  • Broken floor tiles

Common Injuries Caused By A Slip And Fall Accident

 

Accidents in which a person slips or trips while walking result in approximately 9 million hospital emergency department visits each year, according to the National Safety Council. Most people would assume that these injuries are minor, such as a little bruising or superficial scraping. However, serious injuries can occur as a result of the manner in which a person’s body falls and the unexpected and unanticipated nature of the incident. Frequently, it is because of the suddenness of the event that allows so much room for harm since the body has little time to prepare itself.

Common injuries from slips or trips and falls include:

  • Bruises, Cuts, And Scrapes

Slip and falls are not always serious or life-threatening occasions. The most frequent injuries resulting from the fall are bruises, scrapes, and/or cuts that can range from minor to significant but that almost always heal completely. This doesn’t imply they aren’t painful; it just means they won’t result in long-term damage or disability.

  • Sprains And Fractures

A fall’s second most frequent consequence is muscular, ligament, and bone injuries. These parts of the body typically absorb the bulk of the shock and pressure when falling. Slipping or tripping can twist an ankle by stretching out connective ligaments, for example. The body’s natural reaction to attempting to catch itself can induce sprains and twists, while the impact itself can cause other injuries. Bony fractures or breaks may be caused by the impact of landing on the ground, for example. The most frequent fall-related injuries are fractures to the hand, arm, upper arm, spine, hip, pelvic area, leg, and ankle.

  • Shoulder Dislocation 

When someone falls and skids on the ground, it’s not unusual for them to land directly on their shoulder, or for the impact to be transmitted through the hand and arm. Minor injuries include sprains and bruises, as well as shoulder dislocations known as brachial plexus injuries that might be serious. The brachial plexus is a network of nerves that connects the spinal cord to the shoulder, arm, and hand. Slips and falls are responsible for most brachial plexus injuries, and they are extremely unpleasant. They are nevertheless highly curable.

  • Hip Fractures 

Slipping and falling is more common in the younger and older populations. The younger generation is limber, making them more likely to heal, while the older crowd is more fragile, requiring them to heal slower. When elderly people fall, they are more prone to being injured than those in their twenties or thirties. Simply put, this sort of violence affects our older population at a disproportionately high rate. A fractured hip is one of the most severe injuries that can be incurred as a result of a fall. Falls are responsible for more than 95% of broken hips. Within a year following their accident, one in five hip fracture patients dies. This is due to the fact that elderly persons’ hip fractures frequently necessitate lengthy hospital stays, bed rest, and long-term care. It’s tough to break out of this pattern and fully recover once it begins.

  • Head And Brain Injuries 

Falls are the most prevalent cause of traumatic brain injury, often known as a TBI. As previously stated, slip and fall types of injuries frequently result in a person’s head traveling at high speed towards the ground with little or no notice. Traumatic brain injuries are those that happen as a result of an accident or combat. Any damage to the brain, the body’s most critical organ, is considered severe. TBIs, on the other hand, range from mild to serious. Minor and severe concussions can occur in the same person, with one type suffering a rapid recovery and the other experiencing long-term brain damage. Some people may suffer a minor concussion that heals swiftly, while others may get a TBI that causes significant swelling of the brain, along with seizures, mood changes, cognitive impairment, and other lifelong disabilities.

  • Back And Spine Injuries 

The spine is just as essential to life as the brain, which is required to breathe. The spine and spinal cord are responsible for almost all human body movement. Injuries to a person’s back are frequently caused by falls or slips. The most common causes of this accident are as follows: the twisting motion, the abrupt impact of falling on their heads or butts, and contact with a non-grass item like a step’s edge. The trauma’s intensity can cause the back muscles, ligaments, fractured bones, and spinal discs to bulge or herniate and even damage the spinal cord. Because of the 100 trillion+ nerves that it is connected to, these sorts of injuries are almost certain to be unpleasant. A spinal cord injury may result in temporary or permanent paralysis, varying impairments, a lifetime of pain and suffering, or any other number of neurologic and sensory problems.

  • Neck Injuries

When someone damages their neck, they’re really harming the top cervical section of their spine. As a result, most neck injuries are similar to back problems in that harm may be done to the vertebra bone, spinal cord, spinal disc, or any of the nerves, muscles, and ligaments surrounding it. A neck injury is more serious for a number of reasons. The connection between the neck and the rest of the spine and body is one of them. Because the upper part of the spine is damaged, it raises the incidence of temporary or permanent disability or paralysis in other parts of the body. The neck is particularly vulnerable, with everything from the neck down at risk. The abrupt fall’s whiplash motion or a person landing on their head or neck may induce neck injuries.

  • Knee Injuries

People who fall will instinctively move their bodies in such a manner as to minimize the harm they receive. One method for doing this is through the use of one’s knees. As a consequence, the force of a slip and fall may be transmitted to these joints, resulting in severe damage. Anyone, including elderly people, may break their own bones. They can fracture the bones located below the knee. Injuries to muscles, tendons, and ligaments can also be caused by cuts that lacerate through them. Knees are susceptible to trauma, which can result in the patella and some other joints in the knee being dislocated.

Knee injuries, like any other sort of joint damage, can severely limit a person’s mobility and might eventually result in lifelong problems with the usage of the affected joint. Chronic pain, restricted motion, and additional injury complications are all possible outcomes. Knee injuries can have a major influence on a person’s ability to work, their quality of life, and the time and money required to heal.

Who Is Liable For Slip And Fall Injuries?

 

The owner of the property where the fall occurred is typically held responsible for slip and fall injuries. Other third parties may be held liable as well.

If the trip or slip and fall happened on someone else’s property, and the homeowner was careless toward that property, the owner of that property will most likely be held responsible. It’s also conceivable that the person in charge of maintaining and upkeep that land may be held accountable for your injuries. For example, a lady in Louisiana has recently filed a lawsuit against the grocery store chain Winn-Dixie after she slipped and fell in a puddle of clear liquid at one of their stores. She broke her shoulder due to this. However, not all slip and fall injuries are caused by carelessness. We all have a duty of care for our own safety as well as the responsibility of looking where we’re going. Contacting an experienced trip and fall lawyer is the most effective method to figure out who is responsible. An investigation may be conducted to examine the numerous elements of a slip and fall accident, as well as any underlying liability.

What Is A Slip And Fall Or Trip And Fall?

 

Slip-and-fall is a phrase used in personal injury law to describe someone slipping or tripping, resulting in themselves falling and getting injured. A slip-and-fall must take place on someone else’s property for it to be considered such. Private injury claims, such as these, are frequently referred to as premises liability suits. This is due to the fact that these occurrences usually take place on someone else’s property (land). Because the landowner has a duty of care to keep their property safe, they may be held liable under the law.

There are several sorts of slip-and-fall injuries that are usually grouped together under the same label. Because all personal injury claims are fact-sensitive, differentiating between the words is crucial. As a result, it’s essential to talk about issues in the most exact terms possible so that what occurred is clear. The following are some of the kinds:

  • Slip-and-fall– When a person who is unsecured from the ladder slips on a liquid, dampness, or thing that causes him to fall. Slipping on an unclean puddle of soda in a convenience store; an ice-covered walkway; and beads left on the floor at a craft shop are all examples.

  • Trip-and-fall– As the name implies, someone stumbling over an item in their path or across an uneven surface is at risk of a fall. This usually happens when something is left in the way, such as a case of orange juice in a grocery store. Additionally, a raised crack in the sidewalk or an unusually high doorjamb might cause the accident.
  • Step-and-fall– The most infrequently used phrase in fall injury is this one, which differs from the others. When a person falls due to a lack of surface area or a low point in the path, this is referred to as a fall through the gap. A missing step on a staircase may also be the cause. For example, someone neglects to fill in a pothole on the walkway in front of their business, or a stairwell bottom step is missing in an apartment building.

These various sorts of injuries are just a few examples, but any fall can result in an injury. Because of the nature of slipping, it’s common for someone’s feet to leave their feet while they’re falling, causing them to go backwards. Slipping victims may land on their back, head, or hip when they fall. Because of this, slip-and-falls are notorious for causing spine injuries. Trip and step-and-falls frequently result in a person’s momentum pushing them forward. This generally leads to a different variety of injuries as individuals fall forward. People who fall forward frequently extend their arms in an attempt to prevent themselves from tumbling further. This can result in a lot of damage to the hand, wrist, arm, or shoulder. A head injury, face injury, or knee, elbow, or pelvic damage may all be caused by the forward momentum.

Collecting Evidence Of A Slip And Fall Accident

 

Accidents like slips and falls are unanticipated events by their very nature. Although you may not be able to plan for an accident like this ahead of time, there are a few things you can do afterwards to preserve evidence that will put yourself in the best possible negotiating position. Even if you don’t feel hurt or notice any major problems right away, it’s typical for people to start having issues that develop gradually over the days or even weeks. To safeguard yourself, keep track of the accident.

  • Take Pictures– Take photos as soon after the accident as possible to preserve evidence. These days, most people have a smartphone (or at least a phone with a camera built-in). Taking photographs of the situation is easier than it’s ever been. If possible, take pictures of the area where the fall occurred, as well as any spills, objects, or items that may have caused it. If you’re severely hurt but unable to travel alone, have a friend or family member pick you up as soon as possible.

  • Gather Witness Information– If anyone witnessed your accident, obtain their name and contact information in case you need to recall what they saw later. Eyewitness testimony can be valuable to your case by validating your narrative.
  • Get a Copy– At most big businesses and companies, a report of an accident is usually required as part of their insurance coverage. Make sure you get a copy of it if one has been completed. It is your right to know what information they gathered about your situation. You are not required to sign anything or go through a long account of the events. In fact, you should not do so. Simply respond to basic inquiries and continue obtaining assistance and gathering evidence.
  • Seek Medical Attention– It is critical that you go to a hospital or doctor as soon as possible after suffering an injury. The longer time passes between the event and a medical professional’s examination, the more difficult it will be to show that any injuries were caused directly by the fall. If you have time, take notes about the indicators and any complaints of injuries you may have. Don’t wait to see if injuries will heal on their own. Some problems do not manifest until later on, but getting examined as soon as possible may help discover hidden issues as well as avoid further injury or unpleasant situations.
  • Contact an Attorney– Injury claims can be difficult and time-consuming. Insurance companies are for-profit businesses that aim to save money by spending less and making more. Hiring a competent personal injury lawyer is essential in order to ensure that you get the compensation you deserve. An experienced attorney will assist you in gathering evidence, starting your case, and evaluating all aspects once you’ve been chosen. Make sure to provide them with everything you’ve diligently gathered, such as photographs, witness information, statements, notes, and medical bills.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 508-3212

Proving Slip And Fall At-fault party

To the court, in a Texas slip-and-fall case, the injured party and their legal representative must establish three facts:

  • Duty Of Care

    The injured person was owed a duty of care by the property owner or business. When you walk into a store while it is open for business, you are invited to walk around. You are the inviter and they are the invitee. When a business invites someone onto their premises, they have a duty to ensure that the premises are safe.

  • Reasonable Care

    You must show that the store, company, or landlord neglected to take reasonable precautions in maintaining or operating the premises. The court considers each situation on a case-by-case basis based on the evidence. For example, is it realistic to expect a store to clean up a spill in the main walkway in three hours?

  • Prove Cause

    The final component is to show that the company or property owner was negligent in failing to maintain their property and causing the damage.

In most states, the statute of limitations (the amount of time someone has to make a claim or file a criminal charge) is known as a law regulating limitation. The statute of limitations in slip-and-fall cases is two years from the date of the accident. The clock starts on the date of injury, not on the date of accident or fault. After that point, the injured person may not commence a lawsuit against an at-fault party

Comparative Negligence

 

In a slip-and-fall-type accident, comparative negligence is a legal phrase that determines if the victim was completely or only partially responsible for their injuries. When the claimant is deemed to be partly at fault for the incident, several states utilize varied protocols. In Texas, the compensation of an injured person is penalized by a percentage equal to the proportion that the accident was caused by their negligence. This rate is set in a jury verdict based on a pre-determined formula.

Different Properties

 

Depending on where the accident occurred, the way your case will proceed may vary. The three most prevalent categories are business properties, residential homes, and government property.

  • Commercial Property

– The owner of a business, such as a store or a restaurant, who is lawfully responsible for the injuries that someone sustains as the result of a slip/trip-and-fall accident:

  • Must have caused the hazard to occur or appear.
  • Must have known about the hazard, and did nothing to fix it.
  • Or, should have known of the hazard because a “reasonable” person in charge of the property would have discovered it, cleaned it or repaired it.

The third scenario occurs when a property owner or manager cannot be aware of all hazards immediately after they occur. It is nevertheless their duty to be aware of any hazards on the premises, which is one reason why they engage cleaning services, personnel, and safety experts. In these situations, common sense is used to determine liability. The law decides whether the owner/manager of the property was cautious based on whether they took reasonable precautions to keep it clean and safe.

  • Residential Property

– A homeowner who invites you into their house or property has an obligation to keep it hazard-free, just as a business that invites people in because it is open for business does. A slip-and-fall at a cookout, for example, might allow you to seek compensation, but the most typical form of lawsuit is when a landlord fails to maintain their property safe. In this scenario, landlords may be held responsible for slip and fall injuries incurred by tenants or visitors to the property. To establish a landlord’s liability for an injury caused on a rental property, a tenant must show that:

  • The landlord had control over the hazard that caused the accident.
  • Repairing the condition would not have been unreasonably difficult.
  • A serious injury was the foreseeable consequence of not fixing the condition.
  • The landlord’s lack of action contributed to the tenant’s slip and fall injury.
  • Government Property

– When a slip and fall occurs on public property, special rules apply. In certain circumstances, government organizations are given extremely tight notice requirements and wide immunity statutes that may protect them from responsibility for injuries resulting from their property. 

 

Slip And Fall Injury Damages

 

In the event of an accident, someone will be held accountable for any expenditures incurred. The party who was at fault for the incident should be that individual. The following are some examples of damages that might be recovered and compensated for:

  • Medical bills and costs
  • Lost wages for time off work during the incident and in the future
  • Permanent disability, injury, or limitations
  • Emotional distress from the trauma or injury, including PTSD
  • Other costs directly related to your injury, like no longer being able to participate in a hobby or do a shared activity with loved ones

Call Slip Fall Lawyers of Texas Today

 

Slip Fall Lawyers of Texas can assist you with what evidence is required for a slip and fall claim if you have any queries. We can evaluate the facts of your case during a free consultation and advise you on your alternatives. 

If you want us to assist you in obtaining the evidence you need to receive a settlement, please contact us at (888) 508-3212.

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Slip Fall Texas

We help you fight for Justice

We fight to help accident victims who has slipped and fallen in an accident to get back on their feet.

If you’d like to talk with us and ask questions specific to your case, call us at (888) 508-3212 for a free case evaluation.

Have you slipped and fallen in an accident?

We will fight so you can settle for more!

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 508-3212

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