Slip and Fall FAQs
Slip and fall injuries can happen to anyone, at any time and injuries can range from minor cuts and bruises to severe fractures and spinal cord injuries. With over one million American’s experiencing a slip and fall annually, it is easy to understand that many of us have questions regarding the subject. For a better understanding of how slip and fall laws work, we’ve answered some of the most common questions regarding the rarely discussed topic.
What if I get hurt in a slip and fall accident at a friend’s house?
Public property owners are not the only ones who are responsible for their guests. If a friend invites you to their house, that property owner has a legal responsibility to take care of any dangerous conditions that could harm you. They also have the responsibility to warn you of any known hazards. Therefore, if you go to a friend’s home and fall because of their poorly maintained property, you can take legal action. Keep in mind the compensation you receive will not come directly out of your friend’s pocket. Homeowner’s insurance covers these types of claims and covers the cost of medical bills and expenses incurred as a result of a slip and fall while a guest at a friend’s house.
If your friend is a tenant in a rental property, the landlord may be liable for your damages suffered. However, every case is different and certain factors may shift liability. For example, who is responsible for maintenance and repair of the property outlined in your friend’s lease?
What if the property owner is not taking responsibility for my slip and fall?
It is not uncommon for property owners to deny their negligence caused a slip and fall accident. You will need to prove that they had an obligation to your safety and failed to meet it. This is why it is important to obtain legal assistance. An experienced slip and fall lawyer will gather evidence about the incident including medical records, testimonies, security footage and other evidence to build the case for a valid claim.
What if I get hurt on public property that is owned by the government?
There will always be a governmental agency responsible for maintaining public property. It is possible to take legal action if the responsible agency failed to maintain their obligation. However, lawsuits against the government are far more complex, but not impossible with a skilled slip and fall attorney by your side.
Another circumstance to look at regarding a slip and fall accident on public property is to determine whether a third party may have contributed to your injury. For instance, a landscaping company was hired to plant trees and landscape with rocks, yet they left a big pile of sharp rocks behind in the middle of the sidewalk. A child trips on the rocks and is hurt. Under these circumstances, the contractor may be liable to compensate you.
What evidence is needed to receive compensation for my slip and fall accident?
For your slip and fall claim to be successful, you will need to prove your injuries were caused by a hazard on the defendant’s property. You will need evidence to show the defendant had a duty to ensure your safety on the property but failed to do so, that their negligence led to your injuries and that your injuries are compensable. The following types of evidence will help your case:
• Photographs of conditions leading the fall
• Maintenance records that show how long hazard existed
• Documented injuries
• Documented medical expenses
You will need a seasoned slip and fall attorney to guide you and help you build your case by obtaining necessary documents from the property owner, finding witnesses and collecting valuable information to prove the property owner is responsible for the harm you endured.
How will my case be resolved?
Many slip and fall cases settle without going to court. Your attorney and the defendant’s insurance company will go back and forth negotiating settlement amounts. You may accept settlement at any point in the process. Your attorney will inform you when the insurance company makes an offer and will advise you if it is a good idea to accept. Once a settlement is agreed upon by you, your attorney and the insurance company, you give up your right to sue. Compensation for your losses after a slip and fall will come from the property owner’s insurance company. The benefits of settling without appearing in front of a jury are you save time, you get paid faster and can get on with your life.
The other option in resolving a slip and fall case is to go to court and prove your injury, losses and the defendant’s negligence. The jury will determine the outcome and will include the amount you will recover.
What kind of damages can I be compensated for?
You may recover for:
• Lost wages
• Medical bills
• Future medical bills resulting from the injury
• Pain and suffering
• Other losses related to your injury
Do I need a Slip and Fall Attorney?
By law, in Texas, you deserve to be compensated if the property owner’s negligence was the cause of your fall and injuries. With that being said, it should not come as a shock if the owner of the property where you fell does not step up to the plate and offers to compensate you for your injuries. This is why you will want a slip and fall attorney who has the knowledge and resources to compel the defendant’s insurance company to pay a fair amount of compensation for your injuries and losses related to your slip and fall.
How The Carlson Law Firm can help
If you or a loved one experienced a slip and fall and have been injured due to the negligence of another, you may be facing a substantial amount of medical bills and other losses. Let The Carlson Law Firm help you determine liability. We are committed to maximizing your compensation while helping you get back on your feet towards a healthy future. Contact us today for a free, no-obligation consultation. We care, we can help.
- Written by Adriana Torres