Fort Worth Slip and Fall Accident Lawyer

What Should I Do After a Slip and Fall Accident?

After a slip and fall accident, take immediate steps to protect your health and your ability to pursue a premises liability claim. Slip or trip and fall accidents can have long-lasting effects, so follow these key steps:

1. Seek Medical Attention Immediately: Your health and safety should always come first. Whether you feel injured or not, it’s important to see a doctor to identify any hidden injuries and document the extent of your harm.
2. Report the Accident: Notify the property owner, landlord, or manager as soon as possible. Make sure an official incident report is filed and request a copy for your records.
3. Document the Scene: Take pictures or videos of the area where the accident happened, including any hazards like wet floors, uneven surfaces, or poor lighting. This evidence is critical in proving negligence.
4. Collect Witness Information: If anyone saw your accident, be sure to get their names and contact details. Witness statements can provide further support for your premises liability claim.
5. Preserve Evidence: Keep any items or clothing involved in the accident, such as shoes, personal belongings, or garments that might show damage, as they could serve as supporting evidence.
6. Avoid Giving Statements to Insurers: Refrain from discussing details of the accident with insurance adjusters or signing any documents without consulting your attorney first. Insurers will try to minimize your claim.
7. Contact a Fort Worth Slip and Fall Accident Lawyer: Our experienced premises liability attorneys can help you understand your rights, gather evidence, and pursue the compensation you deserve for your injuries and damages.

When is a Property Owner Liable for a Slip and Fall Accident in Texas?

To hold a property owner liable for a slip and fall accident under Texas premises liability laws, you must demonstrate that their negligence directly caused your injuries. This requires proving that the property owner failed to address or warn about a dangerous condition on their premises that they knew or should have reasonably known about.

Your Fort Worth slip and fall accident lawyer must collect evidence to demonstrate all of the following elements:

1. Hidden or Non-Obvious Condition: Under Texas law, a property owner may be held liable for injuries caused by dangerous conditions that are not “open and obvious,” meaning a reasonable person would not have been able to easily see or avoid the hazard. Liability often depends on whether the condition was concealed or not clearly visible, and whether the injured party had a fair opportunity to recognize the danger before encountering it.
2. Knowledge of a Dangerous Condition: A property owner can be held liable if they knew or should have known about a hazard on their property and failed to take reasonable steps to either remedy the condition or provide adequate warning. This is referred to as the “knew or should have known” standard, which requires demonstrating that the property owner had actual or constructive knowledge of the hazard prior to the accident.
3. Failure to Cure the Hazard: Liability may arise if the property owner had sufficient time to address the dangerous condition and failed to act. This includes situations where the owner did not repair, remove, or adequately warn about the hazard, thereby breaching their duty of care to maintain a reasonably safe environment for visitors.

Potentially Liable Parties in Slip and Fall Claims

When evaluating a slip and fall claim, it’s essential to identify all parties who may bear responsibility for the accident. Depending on the circumstances, multiple individuals or entities could be held liable for failing to ensure the safety of the premises. Common potentially liable parties include:

• Property Owners: Owners of the premises are often the primary party responsible for maintaining a safe environment. This applies to both residential and commercial property owners, like Walmart.
• Tenants or Occupiers: If the property is rented, the tenant or occupier may bear responsibility for maintaining certain areas, depending on the terms of the lease.
• Property Management Companies: These companies may be liable if they are tasked with overseeing the maintenance and safety of the property and fail to address hazardous conditions.
• Maintenance or Cleaning Companies: Third-party vendors responsible for cleaning or repairing the property can be held accountable if their negligence contributes to the slip and fall accident.

Determining liability often requires a thorough investigation into the property’s ownership, maintenance responsibilities, and contractual obligations among these parties.

Common Causes of Slip and Fall Injuries

Slip and fall injuries can occur for a variety of reasons, often stemming from hazardous conditions that property owners or managers failed to address. These incidents can lead to significant physical harm and financial burdens for victims. Below are some of the most common causes of slip and fall injuries:

• Wet or Slippery Surfaces: Accidents caused by unmarked wet floors, spills, or recently cleaned areas without warning signs.
• Uneven or Damaged Flooring: Claims involving tripping hazards such as loose tiles, torn carpets, or cracked sidewalks.
• Poor Lighting: Incidents where inadequate lighting in hallways, parking lots, or stairwells leads to slips, trips, or falls.
• Damaged Stairs or Railings: Loose or broken stairs and handrails increase the risk of falls.
• Weather-Related Issues: Snow, ice, or rain not properly managed on walkways can lead to dangerous conditions.
• Neglected Maintenance: Failure to address hazards such as potholes or broken flooring over time.

Common Types of Slip and Fall Accident Injuries

Slip and fall accidents can lead to a wide variety of injuries, ranging from minor bruises to severe trauma. Below are some of the most common types of injuries resulting from slip and fall accidents your Fort Worth slip and fall accident lawyer will have seen:

• Fractures and Broken Bones: Often occurring in the wrists, arms, ankles, or hips due to the instinctive attempt to break a fall or the direct impact of hitting the ground.
• Head Injuries: These range from mild concussions to more serious traumatic brain injuries (TBIs), depending on the force of the fall and whether the head directly strikes a surface.
• Spinal Cord Injuries: Falls can result in spinal injuries, which may cause chronic pain, reduced mobility, or in severe cases, paralysis.
• Connective Tissue Injuries: Sprains, strains, and torn ligaments can occur, often in the form of joint injuries affecting the ankles, knees, or shoulders.
• Back Injuries: Herniated discs, facet joint injuries, or other back and neck problems can arise due to the impact or awkward twisting during a fall.

What is the Deadline to File a Slip and Fall Lawsuit in Texas?

Under Texas law, the deadline to file a slip and fall lawsuit is governed by the state’s statute of limitations. Generally, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can bar you from recovering any compensation for your injuries, no matter how strong your case may be.

However, there are exceptions that may extend or shorten this timeframe. For instance, if the injured party is a minor or if the defendant cannot be located, the statute of limitations may be adjusted. Consult with a Fort Worth slip and fall accident lawyer at our firm as soon as possible to ensure your rights are protected and all legal deadlines are met.

Understanding Notice Requirements for Slip and Fall Incidents on Government Property

When a slip and fall accident occurs on government property in Texas, specific notice requirements must be met to pursue a claim. Under the Texas Tort Claims Act, individuals must typically provide written notice to the responsible government entity within six months of the incident. This notice must include critical information such as the date, time, and location of the incident, as well as a description of the injuries sustained and the facts surrounding the event.

Some local government entities, such as cities or counties, may have even shorter notice periods, requiring careful attention to local ordinances. Failing to adhere to these deadlines can result in the loss of the right to seek compensation, so act quickly and consult with a Fort Worth slip and fall accident lawyer at Thompson Law.

Get a FREE CASE REVIEW With a Fort Worth Slip and Fall Accident Lawyer

Consult With a Fort Worth Slip and Fall Accident Lawyer Today!

At Thompson Law, we are dedicated to helping victims of slip and fall accidents secure the compensation they deserve. Our experienced legal team understands the complexities of personal injury claims and provides personalized support for every client.

Best of all, there is NO FEE unless we win your case. Contact us today for a FREE CASE REVIEW with a Fort Worth slip and fall accident lawyer and take the first step toward justice.

Frequently Asked Questions About Slip and Fall Accident Claims

Is My Premises Liability Settlement Taxable?

Generally, compensation for physical injuries or medical expenses in a premises liability settlement is not taxable. However, portions of the settlement related to lost wages or punitive damages may be subject to taxes. It’s best to consult both your Fort Worth slip and fall accident lawyer and a tax professional for specific guidance on your case.

What Happens to My Case if the Property Owner Claims You’re at Fault for a Slip and Fall Accident?

If the property owner claims you’re at fault for your slip and fall accident, it could impact the outcome of your case under Texas’ comparative negligence laws. Texas follows a “modified comparative negligence” rule, meaning that your compensation may be reduced based on your percentage of fault.

For example, if you are found to be 20% responsible for the accident, your settlement or award will be reduced by 20%. However, if you are found to be more than 51% at fault, you will not be eligible to recover any damages. Working with an experienced Fort Worth slip and fall accident lawyer can help protect your rights and limit your liability in the case.

Does it Matter Why I Was On the Property?

Yes, the reason you were on the property can have a significant impact on your slip and fall claim because the property owner’s duty of care varies depending on your status. Here are the different classifications and the associated duty of care:

• Invitee: An invitee is someone who is on the property for the owner’s benefit or business purposes, such as a customer in a store. Property owners owe the highest duty of care to invitees. They must take reasonable steps to inspect for and address hazardous conditions, as well as warn invitees of any dangers they know about or reasonably should know about.
• Licensee: A licensee is someone who is on the property for their own purposes but with the owner’s permission, such as a social guest. Property owners are required to warn licensees of known dangers that are not obvious. However, they are not obligated to inspect the property or actively make it safe for licensees.
• Trespasser: A trespasser is someone who enters the property without the owner’s consent. Property owners generally owe no duty to ensure the safety of trespassers, except that they cannot willfully harm them. There may be exceptions for child trespassers, such as in cases involving an “attractive nuisance” like a swimming pool.

Your Fort Worth slip and fall accident lawyer at Thompson Law can help you understand your classification and the associated duty of care, which is crucial when determining liability in a slip and fall accident case.

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