Killeen Slip and Fall Lawyer – Premise Liability
Free Consultation • Available 24/7
Legal Representation for Victims of a Killeen Slip and Fall
Slip and fall accidents in Killeen are a direct result of a negligence. In fact, these accidents happen when a business ignores safety standards required by law. Locally, there are several safety standards, codes, laws, and guidelines for construction zones and existing properties; however, accidents still happen. In these incidents, people in the area often need the help of a Killeen slip and fall lawyer for personal injury compensation.
Unfortunately, falls are the leading cause of emergency room visits, while slip and falls account for over one million visits. Generally, Killeen slip and fall accidents are premise liability cases. These cases require the expertise of a skilled slip and fall attorney. If you suffered an injury from a slip and fall in Killeen and surrounding areas, contact The Carlson Law Firm for a free consultation.
Slip and Fall Causes
Slip and fall accidents also include tripping and falling because of a hazardous circumstance. In more instances, these accidents can be avoided with proper maintenance. In order for your Killeen Slip and Fall Lawyer to win a premises liability case, liability must be proven definitively. The most common causes are:
- Wet floors
- Slippery or slick floors
- Ice or snow
- Cracks in sidewalks or flooring
- Uneven walkways
- Unmarked spills
- Poor lighting
- Stairs that are too deep, have a broken handrail or narrow treads
- Defective equipment
If a sign or other warning is not properly marked, you should contact a Killeen Slip and Fall Lawyer immediately. These dangerous situations can lead to severe injuries that require medical attention and possibly loss of wages from missing work. However, many businesses will try to sweep your slip and fall under the rug. Do not allow this to happen. Slip and fall personal injury cases are extremely complex. But you don’t have to go through it alone. If you were injured in a slip and fall accident, The Carlson Law Firm has a Killeen slip and fall lawyer to be your legal guidance.
What to Do After A slip and Fall
Statistics show that at some point in every person’s like, they will fall and injure themselves. While many falls occur carry personal responsibility, a significant number of injuries attributed to slip and falls happen because of property owner negligence. Owners have a responsibility to keep their property free of dangerous conditions and known hazards. There are steps you should take the moment the accident occurs to protect your rights. It is crucial that you preserve evidence to prove your claim.
If you are involved in a slip, trip or fall accident, you should:
- Avoid making any detailed statements concerning fault;
- Get names of owners and managers of property;
- Write names of witnesses;
- Take good pictures of scene and injuries;
- Save footwear and clothing;
- Seek medical attention if injured; and
- Do not give recorded statements to insurance adjusters.
- Contact a Killeen slip and fall lawyer immediately
Slip and Fall Types
Commercial property is generally defined as any place the public is invited to shop or conduct business. These properties have a duty to carry out reasonable inspections. These inspections are to keep the premises safe for their patrons. Because spills and leaks are hazardous because they are often difficult to see. Faulty railing, rotten balconies or steps, poor lighting, holes and elevation changes in walkways may result in an unexpected fall. A business knows that these falls will happen and they often have “risk management teams” ready to take action to hide the evidence of their liability.
Private Property Slip and Fall
Homeowners and landowners are responsible for eliminating and/ or disclosing known hazards and hazards of which they should know upon reasonable inspection to their social guests. They must tell their guests of potential slip and fall risks. A failure to do so may result in a civil liability for personal injury damages.
A property that draws people because of an alluring amenity is considered an attractive nuisance. Swimming pools, trails or tracks fall under the attractive nuisance doctrine if they conceal a hidden danger.
Slip and Fall At Work
It is important to distinguish between slip and falls that occur while you are on the job and those that may occur in your leisure on someone else’s property. A slip and fall at work may be covered under workers’ compensation, whereas other Killeen slip and falls are not. If you decide to file a claim against your employer after consulting with a Killeen Slip and Fall Lawyer on your side, you will need to prove that your employer was liable for your accident. The Carlson Law Firm can help.
Common Slip and Fall Injuries
As mentioned above, Killeen slip and fall injuries are usually the result of slippery floors caused by spills or leaks. Obviously, slippery surfaces in public areas can lead to serious injuries. The Centers for Disease Control and Prevention (CDC) reported that more than 734,000 patients were admitted to the hospital for non-fatal injuries.
Common Slip and Fall Injuries Include:
- Fractures: National Floor Safety Institute reports that falls cause 87 percent of bone fractures in adults ages 65 and up. Hip fractures are a common result of slip and falls among the elderly, but anyone of any age can break a bone in a fall.
- Death: The CDC reports that falls are the top cause of death for adults ages 65 and up. Children are especially vulnerable to death as a result of a slip and fall, although anyone can suffer fatal injuries in slip and fall accidents.
- Traumatic Brain Injury (TBI): Hitting your head in a fall can cause you to develop this condition, which causes ongoing cognitive impairment, mood changes, seizures, and other symptoms. The consequences of a brain injury from a fall can be very severe. An estimated 46 percent of fall-related deaths in 2000 occurred due to TBI, according to the CDC.
- Spinal cord injury: NFSI reports that falls are the second most common cause of spinal cord damage in adults over the age of 65. Anyone who falls on their back could potentially damage the spinal cord and experience full or partial paralysis.
- Neck, shoulder, and back injuries: These injuries can include damage to the soft tissues including the muscles, joints, and ligaments. Strains, sprains, and herniated discs can result from fall injuries.
- Knee injuries: Injuries to the knee from a fall may include damage to soft tissues including sprains, strains, and tears.
Legal Options After a Slip and Fall
The law allows you to recoup losses in order to make you whole again. A Killeen slip and fall lawyer can help you seek compensation for all costs and consequences of fall accidents. We can help you get financial assistance for medical bills, lost income/wages, pain and suffering damages, and emotional distress damages. If the fall leads to a death, the surviving family members can also recover compensation for loss of companionship and other wrongful death damages.
Under Texas law, the reason why someone enters a property determines the property owner’s duty to that person. In other words, the injured person’s case hinges on whether or not they have a status as an invitee, licensee or trespasser. Those three classifications are as follows:
- Invitee – An invitee is generally defined as someone who enters the property of another for the property possessors benefit. A customer in a store is an invitee.
- Licensee – A licensee is a person who enters the property of another for the mutual benefit of the landowner/possessor and the individual visiting.
- Trespasser – A trespasser is a person who enters the property of another without any invitation or right. A person who enters a property as an invitee can become a trespasser. For example, if you sneak into an employee-only area without permission, you are trespassing.
Duty to Injured Persons
Each of the above classifications determines the duty owed to the injured person. The duties owed are as follows:
- Duty to an Invitee – A person in control of the premises owes a duty to exercise reasonable care to provide safe premises. This means that the landowner must disclose all unreasonably dangerous conditions of which he is aware and those that he should have knowledge of upon reasonable inspection of the property. Failure to do one or the other results in liability for injury caused by the unreasonably dangerous condition.
- Duty to a Licensee – A person in control of the premises owes a licensee a duty to disclose only known dangerous conditions. There is no duty to inspect the property to make it reasonably safe for a licensee.
- Duty to a Trespasser – A person in control of the premises owes a trespasser only a minimal duty to not intentionally or willfully do him or her harm. Proving liability for an adult trespasser is extremely difficult in many cases. However, there are some exceptions, such as the attractive nuisance doctrine and the doctrine of implied permission by acquiescence.
How A Killeen Slip and Fall Lawyer from The Carlson Law Firm Can Help
At The Carlson Law Firm, we can use our over 35 years worth of experience to help determine liability. We have investigators on our team who work hard to find honest evidence in premises liability cases. You may be facing a substantial amount of medical bills or other hardships that you deserve compensation for, and an attorney from our firm can help you receive that which you deserve. It is important to work with a Killeen slip and fall lawyer who understands your situation and can help you through the process of rebuilding your life.
At The Carlson Law Firm, our commitment is to help you get back on your feet and build a healthy future. Our Killeen, Temple and Waco offices are ready to help you!
Contact a Killeen slip and fall attorney at The Carlson Law Firm today.