When to Hire A Dallas Slip And Fall Attorney
Have you been injured due to a property owner’s negligence? A Dallas slip and fall lawyer knows the steps to take immediately following the incident to help you move forward.
If you slip or trip and fall on someone else’s property and the owner knew about a dangerous condition but failed to remove that hazard, you may be entitled to an accident claim to compensate you for expenses such as hospital and doctor bills.
How to Determine Who Is At Fault
Determining responsibility in a trip and fall case is a very complex process. It is another reason why you should speak to a Dallas slip and fall lawyer. For example, “Premises Liability Law” governs a nuanced set of laws that takes into account various levels of fault in a mishap.
It includes many variables, including the type of activity and a property owner’s verbal agreements with guests. Also, a slip-and-fall victim’s rights may be reduced if the victim happened to be trespassing on the property. Fault must be determined down to a percentage, and a victim will only be awarded damages if their fault is determined to be under 50 percent.
If the evidence shows that a victim is more than 50 percent at fault, the victim won’t be eligible to recover any compensation under Texas law.
These factors can determine very different outcomes in accident cases. Qualified attorneys can help you navigate the complicated web of laws surrounding premises liability. Don’t wait to schedule your free consultation; victims have a limited time in which they can file personal injury claims against a negligent property owner.
What Happens When Your Case Goes To Trial?
The state of Texas follows “comparative negligence common law,” which means that if the case goes to trial, the state’s “modified comparative negligence rule” will determine how much you can receive from the property owner.
However, it’s important to consider that the property owner’s insurance companies and legal professionals will be fighting to reduce your compensation. They will do everything they can to attempt to prove that you were at fault for the accident, which is another reason to contact a Dallas Personal Injury lawyer after your accident.
Sound legal advice will also help you file the lawsuit within the statute of limitations mentioned in Texas. The injured victim must file an injury claim if the property holder does not abide by their duty of care.
The time frame to file a lawsuit is 2 years from the day when the accident occurred. The court will not consider the case if the victim fails to file the claim within this time. It means the injured parties will be unable to attain compensation for the damages.
Damages You May Be Able To Recover From A Slip and Fall Accident
A slip and fall accident can leave victims with injuries that range from mild to serious, including the following:
- Brain and head injuries
- Broken bones and bruising
- Leg injuries
- Spinal cord injuries
- Sprained wrists and ankles
- Death
If the injured parties can prove the negligence of the property owner, they are eligible to get reimbursement. The damages for which the injured victim can attain compensation are medical bills of past and future, lost wages, and pain and suffering. Other damages that can be recovered are emotional trauma, mental anguish, and loss of potential to earn money.
Common Places Where Trip And Fall Accidents Can Happen
Falls account for more than 8 million visits to emergency rooms in the United States each year, according to the National Floor Safety Institute.
These accidents occur in a variety of places: the workplace, private property, hotels, construction sites, commercial businesses, restaurants, and pubs, and in a variety of conditions. They include the following:
- Workplace. The use of ladders and step stools are among the most common causes of falls in the workplace. If a ladder is not folded correctly or placed in a secure location, it can be a danger to people walking by, too;
- Liquid on floors. If a spilled liquid is not quickly cleaned up or not cleaned up properly, it creates a dangerous environment for people in the area. Even a small amount of liquid is enough to cause serious injury;
- Poor lighting. Inadequate lighting is also a leading cause of slip and fall accidents. Poor lighting is harder to spot as a hazard because the difference between “bad” and “good” lighting is subtle. This is especially true around stairways;
- Tripping hazards. Any type of rug, mat, wire, cord, and random clutter can be hazardous, which are especially common in office, hospital, or construction settings;
- Weather conditions. When elements such as ice and snow are not cleared from a walkway or staircase, they present a common trip and fall hazard, especially when property owners fail to use rock salt, ice melt, or other anti-slipping products;
- Failing to fence or guard a hazard;
- Weak, faulty, or missing stair rails;
- Broken, cracked, or uneven walkways;
- Construction hazards;
- Safety code violations;
- Peeling carpet; and
- Broken tiles.
Visitors must be careful to use comfortable footwear and must take note of any warning signs before they are entering the premises of any property.
Contact Experienced Dallas Slip and Fall Lawyers At Khattar Law, PC
If you are injured due to a slip and fall accident caused by the negligence of a property owner, you can consult with our law firm. Our law firm will provide a free case consultation where you can discuss your case in detail.