Slip and Fall

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Slip and fall claims result when someone falls on the property of another and is injured. Essentially, your case all comes down to whether the owner (or someone else on the site) was negligent and caused your injury.  

Common Locations for Slip and Fall Accidents in Texas

Slip and fall accidents happen in a number of common locations. Some of the more common are:

Sidewalks – Cracks, broken cement, gaps, and uneven sidewalks can all make a sidewalk a dangerous place to walk. The owner – whether the government or a private party – has a duty to maintain the sidewalks in a safe and usable condition.

Parking Lots – Parking lots present many of the same issues as sidewalks, but also include poor signage and poor lighting.  

Stairs – Stairs have to be built right in the first place and have to be maintained.  If the stairs are not built with the right ratio of height to tread, people will trip on them.  If they are not properly maintained, including the handrails, the loose steps and rails can cause injuries.  Finally, stairs must be well lit to prevent injuries.

Public Places – Restaurants, retail stores, shopping malls, and any other place that invites the public in can be a fall location. Wet floors, spills, scattered debris, things left in an aisle, or even excessively slippery floors can all result in slip-and-fall injuries. Carpet, too, when torn, worn, or loose, can cause falls.  

Job Sites – Any place you work has inherent risks of slip-and-fall injuries. Job sites injuries are complicated in that Workers Compensation may be an issue but, in general, negligence is still the claim.  A slip and fall lawyer can help work with the Workers Comp issue to help you achieve your best possible recovery.  

What Is Necessary to Prove Damages

As is true with most personal injury claims, a slip and fall injury is, legally, a form of negligence.  In order to prove your case and recover for your injuries, you must prove:

  • A Duty of Care – You must establish that the property owner (or any other party you want to hold liable) had a duty of care to you.  
  • A Breach of the Duty of Care – You must then show how the owner breached the duty. Usually, this means they did something carelessly or recklessly or didn’t do something they should have done. 
  • Causation – After you have shown the duty of care and a breach, you must then prove that the breach was the cause of your injury. There are r two kinds of causation that have to be proven:  actual and proximate.  To recover, you must be able to prove both.  

Actual Causation:

  • The test applied In Texas is the “substantial factor” test.   this means that the injured party must show that:
  • The negligent act or omission to act was a substantial factor in bringing about the harm in your case, and
  • If the negligent act or omission to act had not occurred, you would not have been injured. In effect, you are establishing the cause-and-effect relationship between the at-fault parties’ conduct and your injury.  

Proximate Causation:

  • Proximate causation is one of those legal terms that doesn’t mean what it sounds like it means.  Proximate or legal cause means that, given the entire series of circumstances leading up to that slip-and-fall, your injury, based on the defendants’ conduct, was reasonably foreseeable. 
  • In a Texas court, this means that the property owner or other potentially liable party should have reasonably anticipated that his or her negligent act or failure to act created dangers for others.  It’s important to know, however, that the courts do not require that the person have anticipated exactly your injury when that person’s negligence created a dangerous situation.  

How a Texas Slip and Fall Lawyer Can Help You

To find a slip and fall attorney, you may want to Google “slip and fall attorney near me” as a starting point.  But don’t just rely on that:  talk to your friends, family, and co-workers.  Then, once you’ve decided on a potential Texas slip & fall lawyer, contact the law firm for an initial case consultation and evaluation of your slip and fall injury, usually at no cost to you.  Slip and fall injuries are complex and may involve a number of potential defendants.  Let an experienced and knowledgeable slip and fall attorney help you with your injuries today.  

(866) 691-5299