Slip and fall accidents can result in a wide variety of injuries, such as broken bones and spinal cord injuries. Victims often face weeks or even years of pain and rehabilitation to recover from their injuries, accompanied by mounting medical expenses and lost income.
If you or a loved one has been injured in a slip and fall accident, contact the personal injury attorneys at Branch & Dhillon, P.C. We’ll make sure that you get the compensation you deserve for your injuries and other damages. Contact us today for a free consultation.
Understanding Slip and Fall Accidents
Slip and fall is a legal term that is used to describe a personal injury case in which an individual gets hurt on another’s property due to the negligence of the property owner. These cases fall under the umbrella of premises liability claims. In these cases, the property owner may be held legally responsible for damages to the injured victim as they had a duty to ensure that their property was free of, or warned of, hazardous conditions that could potentially lead to harm. Examples of dangerous conditions that could lead to a slip and fall accident include but are not limited to the following:
- Unmarked wet floors
- Inadequate ice or snow removal from sidewalks or stairs
- Broken or missing steps
- Broken or uneven floors
- Cracked or partially missing sidewalks
- Poor lighting
- Unmarked or unnoticeable changes in flooring
- Narrow stairs
- Torn carpeting
Common Injuries Resulting From Slip and Fall Accidents
Slip and fall accidents often lead to the following injuries:
- Spinal cord injuries
- Neck injuries
- Herniated discs
- Traumatic brain injuries
- Broken or fractured bones
- Dislocated shoulders
Steps to Take After a Slip and Fall Accident in Arlington
If you were injured in a slip and fall accident you may be eligible for compensation for damages and medical expenses from the liable party. To protect your claim, you will want to do the following:
Take Pictures of the Scene of the Accident
Taking pictures of the scene of the accident and any injuries you sustained will paint the picture of what caused the accident. This will ensure that there is evidence to prove that the conditions were unsafe and there were no proper warnings posted.
Gather Witness Statements
If there were witnesses to your accident, ask if you can record their statements and get their contact information. Witness statements are an integral part of proving that you were not liable for the accident and resulting injuries.
Seek Out a Medical Professional
Slip and fall accident victims usually can walk away from the accident with only minor scrapes and bruises. However, this does not mean that a serious injury is not possible. You will need to visit a medical professional after your accident to ensure that there are no hidden injuries, such as a traumatic brain injury or concussion, that adrenaline may be covering. Not only will this ensure that you get the proper medical treatment you need to aid in the healing process and prevent your injuries from worsening but it will also provide documentation of your injuries.
Contact a Slip and Fall Accident Attorney
After you have sought out medical attention, you will want to contact a trusted slip and fall accident attorney to ensure that you can get the compensation you deserve from the liable party.
Why Choose Branch & Dhillon, P.C. for Your Slip and Fall Case?
Branch & Dhillon, P.C. takes a personal approach to ensure that our clients are getting the best service possible to minimize the challenges they face after an accident. We work around the clock to prove the responsibility of the negligent party and get our clients the compensation they deserve.
We handle all phases of the Texas lawsuit process for our clients, including:
- Negotiating with the insurance companies
- Filing the personal injury claim
- The discovery process
- Pretrial motions
- Second settlement
- Taking your case to trial if needed
Passionate Slip and Fall Accident Attorneys Fighting for You
Our attorneys fight aggressively to ensure that our clients get the compensation they deserve. We give them the space they need to focus on their recovery while we go after the liable party to get the monetary compensation owed to them to cover medical expenses and damages. We deliver powerful results with no out-of-pocket costs to our clients, ensuring that no matter the outcome, our clients are well taken care of.
Determining Liability in Texas Slip and Fall Cases
The first step our attorneys take when seeking compensation for our clients injuries is to determine who is at fault for the slip and fall accident. This is done by determining which party was negligent, whether that is the property owner, store manager, or an employee.
Negligence has four elements that need to be proven by the plaintiff:
- Duty: The defendant had a duty of care to prevent harm to the plaintiff. For example, a store manager has a reasonable duty of care to ensure that all of the shoppers in their store are safe from foreseeable harm.
- There was a Breach of Duty: The plaintiff must show that the defendant breached their duty by failing to make the premises safe. For example, a store manager asks their employee to mop the front lobby but fails to provide them with a “wet floor” sign to warn their customers.
- The Breach in Duty Is What Caused the Accident: The defendant’s breach is what caused the accident that resulted in the plaintiff getting injured. For example, the plaintiff walks into the restaurant unaware that the front lobby had just been mopped and slips on the wet tile, resulting in them spraining their wrist.
- The Defendant Owes the Plaintiff Damages: Because the defendant was negligent in their actions or inaction, they owe the plaintiff monetary compensation to cover damages, which can include medical bills or personal property damages.
Additionally, in slip and fall cases, it must be proven by the plaintiff that the following conditions were true:
- The case of the accident was a ‘dangerous condition’ on the property, such as a wet floor
- The owner of the property knew about the dangerous condition but did nothing to warn or resolve the condition to make it safer for guests.
To establish that the property owner was aware of the dangerous condition, the plaintiff must also show that:
- The owner of the property created the condition
- The owner of the property knew that the condition existed and failed to correct it
- The condition existed for a length of time that a reasonable individual would have been able to discover and correct before the accident occurred.
Who May Be Held Liable in a Slip and Fall Accident?
One of the biggest challenges that individuals who are seeking compensation for slip and fall accident cases face is proving that it was not their carelessness that caused their injuries. Common situations in which an individual may be found responsible for their injuries after a slip and fall accident include the following:
- The individual entered an area that was sectioned or cordoned off
- The individual ignored warning signs of the potential hazard, such as a wet floor sign
- The individual was not observant of their surroundings
- The unsafe condition developed recently, and the property owner or manager did not have adequate time to handle it
Once the plaintiff can prove that their actions did not have a direct impact on causing the accident or injuries, then they will need to determine which party is liable for their case. Typically, defendants in slip and fall cases will be:
- The property owner or landlord
- The tenant or business owner controlling the property
- The management company or manager or the property
Common examples of parties who have been held liable for slip and fall accidents include:
- Homeowners
- Commercial property owners
- Tenants of shopping malls or retail stores
Most of these individuals will have a liability policy through their insurance company, making the insurance company responsible for paying out injury claims.
Branch & Dhillon, P.C. Insight: Comparative Negligence State
Texas is a comparative negligence state, meaning that if the plaintiff sues for compensation for their damages, they will be denied compensation if they are found to be 50% or more at fault for the accident.
Texas is strict when it comes to slip and fall accidents. Compensation is granted only if the plaintiff can provide significant proof that they were not at fault for the accident. For this reason, if you slip and fall due to the negligence of another, it is important to contact an experienced slip and fall accident attorney. Branch & Dhillon, P.C. will help you gather the necessary evidence to show the defendant’s liability in your case and get you the compensation you deserve.
Compensation Available for Slip and Fall Victims in Arlington, TX
In a slip and fall case, you can seek compensation for both economic and non-economic damages. Here is a breakdown of these damages:
Economic Damages:
- Medical expenses, both present and future
- Lost wages, including missed promotions and bonuses
- Rehabilitation and physical therapy
- Home modifications and assistive devices, such as a wheelchair
- Transportation costs
- Out-of-pocket expenses dealing with your injury
Non-Economic Damages:
- Physical pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of companionship
- Disability
- PTSD or anxiety
How Our Arlington Slip and Fall Attorneys Can Help
Injuries from a slip and fall accident can derail your life. The dedicated premises liability attorneys at Branch & Dhillon, P.C. will fight on your behalf to ensure you get the compensation you deserve to get your life back on track. We offer free no-obligation consultation to go over the specifics of your case and ensure that we can provide you with all of your legal options. We won’t stop fighting until we are sure that you have gained the compensation you deserve and not a penny less. Contact our lawyers for more information on our services or to schedule an appointment with one of our attorneys.
FAQs:
After a slip and fall accident, you will want to take the following steps to protect your right to fair compensation and prevent further harm:
– Take pictures of the scene of the accident and any injuries
– Gather witness statements and contact information
– Visit a medical professional
– Contact a premises liability attorney
Liability is determined by establishing the negligence of the property owner or manager concerning the hazardous condition that caused the accident. This means proving that the defendant owed the plaintiff a duty of care but breached that duty, which in turn caused the accident that resulted in the plaintiff’s injuries and damages.
Individuals who were injured in a slip and fall accident have two years from the date of the accident in which to seek compensation for their injuries from the negligent party. Acting quickly is your best chance at ensuring that you get the compensation you deserve, as evidence will be easier to obtain and prove the fresher it is.