Snow, rain, ice, or a wet surface in Dallas, Texas can cause someone to slip and fall. Although slip and fall incidents are common, they can also lead to serious injuries. Slip and fall accidents fall under an area of law known as personal injury. Personal injury is part of Texas civil law. The purpose of personal injury law is to help victims get their life back on track after an accident of some sort.
Are All Slip and Fall Claims Easy to Settle?
Many people believe that slip and fall accidents are easy to settle and collect on. However, like any other personal injury claim in Texas, there are certain elements that must be met in order for a slip and fall victim to make a successful claim. Simply being involved in a slip and fall isn’t enough for you to make a claim.
Does Your Slip and Fall Claim Include These Elements?
If you’re involved in a slip and fall and contact a personal injury attorney, there are certain things that the attorney will look for in your claim. Read through the elements below and if you believe your slip and fall meet each one, contact Thompson Law. We’re available 24 hours a day, 7 days a week and we provide free initial consultations for slip and fall victims.
The property where you fell must have an unsafe condition that caused your accident. A property owner is only financially liable if there was an unsafe condition on their property that caused you to slip and fall. The most common unsafe conditions include:
- Ice or snow that has built up on the property during the winter
- Floors that are slippery or wet
- A sidewalk with serious defects
- Other items or debris that caused you to slip and fall
Remember, slipping and falling isn’t enough. There must be an unsafe condition that caused the accident.
The property owner had proper notice about the unsafe condition. A property owner is only responsible for a dangerous condition if they are aware of it. The element of notice is one of the most difficult elements to prove in a slip and fall case. For business properties, an owner or even an employee may not be able to watch every area on the property for hazards. If you slip and fall, you should ask for an incident report from the manager on duty. The incident report is important for trying to prove notice.
With private property, you should inform the property owner of the slip and fall and also call the police to have an informational report filed. This can be valuable for a personal injury attorney because it helps determine whether the property owner knew or should have known about the hazard on their property.
Look for warning signs about the hazard. One of the most common slip and fall incidents occurs in the grocery store because of a spill or a floor that is slippery from a mop. A warning sign in this instance would be one that warns that floor is slippery or wet. These signs warn the public about the hazard and if the public chooses to go through that area, they are at least partially assuming the risk on their own.
Common warnings about a hazard include an area that is blocked off by ropes or cones, warning cones on their own, signs that warn about various hazards and signs that state you shouldn’t enter into an area without a hard hat or the proper safety equipment.
Did you exercise proper caution and take responsibility for your actions? We touched on this a little under the previous element. If there is a sign that informs you that there is a danger, such as a wet floor, you’re expected to exercise proper caution and make choices that minimize the chance that you’ll slip and fall.
In areas where there aren’t warning signs, we are expected to pay attention to our surroundings to some degree. For example, if you were walking across a parking lot and you saw a giant hole before you stepped in it, you could choose to walk around it.
Free Slip and Fall Claim Evaluations
If you were involved in a slip and fall in Texas and you’d like to have your potential claim evaluated by a personal injury lawyer, contact Thompson Law. With offices in Dallas and San Antonio, we’re here to help slip and fall victims get treated fairly. Call us now: 1-800-LION-LAW.