What are the Main Causes of Slip and Fall Accidents?
Slip and falls can happen both inside and outside property, such as on a sidewalk, and usually involve claims that a property owner should be held responsible for a dangerous condition that they failed to repair.
Whether you are hurt in a slip and fall at work, while shopping, or at someone’s home, you may want to consult a personal injury attorney to explore your rights. You may be due just compensation for your injuries. The slip and fall accident lawyers at Godsey Martin PC are ready to work hard on your behalf.
Slip and fall incidents are sadly more common than you might think. According to the National Floor Safety Institute, slip and falls result in about one million visits to the emergency room each year. Falls are considered the leading cause of accidental injury nationwide, and people over the age of 65 are most susceptible. Slip and falls are also the leading cause of worker’s compensation claims and are particularly common in the retail sector.
The Centers for Disease Control says that slips, trips, and falls occur most commonly on surfaces made wet by snow, rain, or spills; loose mats or rugs or other uneven surfaces; unsafe ladders; poor lighting, and clutter. In addition, maintenance failures within the home, such as a broken set of steps, a detached railing, an unrepaired ceiling, also contribute to the large number of slip and fall incidents.
If you are severely injured in a slip and fall and feel that negligence played a role, you should consult a personal injury attorney to protect your rights. You may be due compensation for your injuries.
Proving Your Slip-and-Fall Case
Not every injury following a slip, trip, or fall makes for an actionable lawsuit. The key question is showing the court that you encountered a dangerous condition that the owner knew or should have known about and failed to make safe. But what is a “dangerous condition?”
Under Texas law, to obtain damages in a premises liability case such as slip and fall, you must establish all of the following:
- There was a defective or dangerous condition on the property — and the owner knew of it.
- The defective or dangerous condition posed an “unreasonable” risk of harm.
- The owner failed to take reasonable steps to lessen or remove the risk.
- The owner’s failure to lessen or remove the risk “proximately” led to your injuries.
Legal precedent in Texas defines an unreasonable risk of harm as when there is a “sufficient probability of a harmful event occurring that a reasonably prudent person would have foreseen it or some similar event as likely to happen.”
The personal injury attorneys at Godsey Martin can wrestle with that language for you to help determine if you have an actionable slip and fall claim. We will review the facts, evidence, and relevant law in your case
How Long Do You Have to File a Slip and Fall Lawsuit?
Don’t wait to consult a personal injury attorney in the event of a slip and fall accident. Under Texas law, slip and fall cases fall under the state’s personal injury statute of limitations. The statute generally gives you two years from the date of the accident to file your claim. If you file after two years, a court may decline to hear your case.
Two years sounds like a long time, but properly preparing a slip-and-fall lawsuit for filing requires much attention to detail. You and your attorney will need time to collect the proper medical records as well as information about your medical condition and the cost of your care.
The slip and fall accident lawyers at Godsey Martin PC can take the worry away. Our team will manage the litigation so it’s filed properly and promptly, so you can focus on your recovery.
Damages in Slip and Fall Cases
Slip and fall incidents can cause substantial injuries that require lengthy and costly medical care, and may even force you to miss work. In the context of your slip and fall claim, you can seek compensation for those injuries, as well as other types of damages. These damages fall into several categories:
- Economic damages, which are defined as out-of-pocket costs. Examples may include the cost of hospitalization, follow-up doctor appointments, time spent in rehab, lost wages from missing work to go to the doctor, loss of earning capacity, and cost of repairs to damaged property.
- Non-economic damages, which refer to more subjective matters such as pain and suffering, emotional trauma, loss of companionship, loss of enjoyment of life, and inconvenience.
The challenge of valuing your claim is one of the main reasons you should not wait to consult an attorney. The team at Godsey Martin PC has extensive experience in methodologies to establish both economic and non-economic damages so you are fairly compensated for your injuries.
Get Slip and Fall Legal Counsel from Godsey Martin PC
When you have been hurt in a slip and fall accident, you want to be able to focus on your recovery. It helps to know that you have fighters on your side, and you have that in the personal injury attorney team at Godsey Martin PC. With offices serving Houston and Dallas, Texas, our attorneys specialize in personal injury cases of all kinds — cases that involve negligence or recklessness as a factor.
These cases range from car, truck, and motorcycle accidents to slip and falls, pedestrian accidents, bicycle accidents, DU/DWI accidents, and other injury-causing events. Our singular focus is on helping clients reclaim their lives and get the compensation for their injuries that they deserve. Call us or contact us online today for an obligation-free consultation.
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Our Team of Attorneys are Available 24/7
Our legal team, located in Dallas and Houston, understands the steps that need to be taken to help accident victims get their life back on track. We will stand by your side throughout the entire legal process, fighting the insurance companies and the negligent driver responsible in order to provide you the money and justice you deserve. Click or call us today to begin your case.