Following your slip and fall accident, you are likely to have questions about your legal rights and want advice about whether to file a lawsuit. You may also be wondering how do you sue someone for a slip and fall accident.
Read on to learn more!
Suing for damages related to personal injuries fall in the broader category of tort litigation. Injuries due to a slip and fall accident can happen in public places, including stores and restaurants from unsafe conditions such as wet floors or uneven stairs. Other types of tort lawsuits include dog bites or car accidents. Slip and fall lawsuits differ in that they tend to award less in damages because the injured is typically found to be partially at fault for their accident.
If you can provide evidence that the property owner or tenant was responsible for your fall, you may be eligible for the following compensation:
- Loss of income if you are not able to work due to your injuries after the fall and potentially future lost wages if you are permanently disabled
- Medical bills as well as transportation for medical care and therapy appointments
- Pain and suffering
- Damage to your relationship with family or your spouse, also known as loss of consortium
- Potential related medical expenses in the future
If the fall exacerbated your pre-existing condition, your medical bills might be covered if you can demonstrate that the tenant or property owner was responsible due to their negligence. Severe injuries occur in approximately 25% of slip and fall accidents. Common severe injuries from these accidents include broken bones and head injuries such as brain injuries. If you or a loved one has been injured in a slip and fall accident, contact Houston based personal injury attorney Chelsie King Garza today.
For older adults over 65, injuries from a slip and fall accident are more likely to be moderate to severe, according to the Centers for Disease Control (CDC). Annually, over 30% of older Americans experience a fall, and up to 30% of the falls result in injuries that affect their mobility or ability to live independently. Falls can also lead to premature death.
How to Prove a Property Owner Was Negligent in a Slip and Fall Injury
Texas slip and fall claims are handled under the category of premises liability. Winning a slip and fall lawsuit is focused on showing the tenant or property owner was negligent because they acted or failed to act in a way that caused the fall and resulting injuries. In Texas, the standards around these lawsuits are stricter than in other states. The injured party must show that the property owner was negligent and that their actions caused the fall and injuries.
When a hazardous condition caused the slip and fall, such as uneven flooring or a rip in the carpet or a loose tile, time is of the essence in establishing the negligence of the tenant or property owner. Determining how long the hazard was there and whether it was reasonable that the property owner or tenant should have been aware of the issue and had time to fix it before the accident happened is the focus of a potential lawsuit.
Litigating Slip and Fall Claims
When you sue a property or business owner in a slip and fall case, they have two primary strategies to defend themselves against being held liable. First, they will claim that the injured person is responsible for the fall. The second and less common option is for them to claim that the hazard was not present for long enough to become aware of the problem and fix it.
Both defendants and plaintiffs need more than just their word for the case to be decided in their favor. Devices can determine the slip index of the walking surface where the slip and fall happened. Other significant evidence comes from video surveillance footage from the scene. The footage can be used to prove the hazard was present for a sufficient time to be noticed and fixed by the business owner.
Call a Houston Personal Injury Lawyer Today for Help with you Slip & Fall
Personal injury claims are time-consuming, and the litigation process can take longer than you'd think. Therefore, it is essential to choose an experienced slip and fall attorney who you trust. You may want to contact several attorneys for a consultation about your potential claim so you can select the best fit. Contact us today for a free consultation.
