If you slip and fall on someone else’s property (residential, commercial, or governmental), you may be entitled to compensation. To file a claim, you will need to prove that your fall was caused by negligence and that:
- The property owner owed you a duty of care to protect you from the hazardous conditions that caused your fall.
- The property owner (or staff/liable party) breached that duty of care and acted negligently.
- You would not have been injured if not for those negligent conditions.
- You suffered damages from the slip and fall accident.
Common Causes of Slip & Fall Accidents
People can trip and fall anywhere—while at their job, the grocery store, a friend’s house, a local business, a restaurant, etc. Common causes of slip and fall accidents include hazardous or negligent:
- Floor/surface conditions, such as loose flooring or rugs, uneven pavement or flooring, wet or slippery floors, uncleaned spills, potholes in parking lots, etc.
- Environment conditions, such as poor lighting, trash or debris, inclement weather conditions, tripping hazards (from cords or wires), etc.
- Occupational conditions, especially for workers in construction, manual labor, industrial plants or factories, kitchen, housekeeper or custodial services, hospitals, etc.
- Building conditions, including defective stairs, loose handrails, waxed or polished ladders or stairs, etc.
Common Injuries Sustained in Slip & Fall Accidents
After you slip and fall, you may suffer from a variety of injuries, including but not limited to:
- A traumatic brain injury or another head injury
- Abrasions and/or lacerations
- An injured tailbone
- Broken or fractured bones
- Muscle sprains
- Spinal cord damage
- Torn tendons and ligaments
Damages You May Be Awarded in a Slip & Fall Claim
If your case is successful, you may be compensated for the following damages:
- Medical expenses, including your ambulance, emergency medical care, hospital, rehab, prescription costs, and continued doctor visit bills
- Loss of income, including previously lost wages and the loss of future incomes (because of a diminished earning capacity
- Damaged property, including a phone or another item or device that was broken during your fall
- Travel expenses, including the amount of money spent traveling to and from physical therapy or doctors appointments
- Pain and suffering, including compensation based on the severity of your injury, loss of quality of life, etc.
- Any other economic or noneconomic damages you have suffered
Comparative Negligence in Texas Slip & Fall Lawsuit
Under Texas Civil Practice and Remedies Code § 33.001, victims in slip and fall accidents can only pursue damages if they are less than 50% at fault for the accident. If you file a claim and are found to be partially at fault, your damages will also be reduced by your percentage of fault. Working with an experienced attorney, you can gather evidence and develop a case strategy that mitigates your liability.
For example, you may be assigned 25% of the fault, because you weren’t paying attention while walking. If your damages totaled $150,000, then you would only be awarded $112,500 if your claim is successful. The other party may try to argue that you are partially at fault if you:
- Were wearing inappropriate or unsafe footwear for the occasion
- Went onto a roped or cordoned off area
- Were on part of the property that isn’t open to visitors or that visitors aren’t allowed
- Should have noticed the dangerous conditions (because they are obvious/very apparent)
- Failed to pay attention while walking (i.e. texting and walking)
If you or a loved one have been injured after a slip and fall due to negligent conditions, contact the Dallas personal injury lawyers at Mathias Raphael PLLC Accident & Injury Lawyers today. We can advise you of your legal options and help you prepare a claim. To schedule your free consultation, call (214) 739-0100 or complete this online form.