If you experience an injury due to another’s negligence, you need the help of an experienced Houston slip and fall lawyer. When you visit another person’s home or a private business, the property owner must ensure you do not face any foreseeable safety risks while on their property. The premises liability laws of Texas are clear in the expectations for all property owners in the state.
When a property owner notices any potential safety concern on their property, they must address it immediately. This may include fixing the problem, posting a visible sign or notice warning visitors of the hazard, or providing visitors with clear verbal warnings as they enter the property.
When property owners fail in these responsibilities and lawful guests, visitors, businesspeople, or customers sustain injuries, property owners are liable for the resulting damages. “Slip and fall” injuries may sound minor, but the reality is that these incidents are responsible for a tremendous number of personal injury claims, workers’ compensation claims, and economic damages throughout the Houston, TX, area each year.
If you or a loved one recently suffered a fall on someone else’s property, you likely have grounds for a personal injury claim under Texas’ premises liability laws. A premises liability claim against the property owner could help you recover compensation for medical expenses, lost income, and other damages. A Houston fall injury attorney will be an essential asset as you work toward your recovery.
The average person with no formal legal training would likely struggle to succeed with any type of personal injury claim on their own. The civil court imposes many strict procedural requirements that most people would not be able to meet unassisted.
It’s also possible for the claimant to succeed but unintentionally settle for less compensation than they legally deserve. Working with an experienced Houston fall injury attorney not only increases your overall chance of success with your claim, but your attorney is likely to reveal channels of compensation you would have overlooked on your own.
The right attorney can potentially mean the difference between securing a favorable recovery and failing to obtain any compensation. Stevenson & Murray has years of experience representing Houston area clients in a wide range of personal injury claims. We know the stress and uncertainty that often follow all types of personal injuries, and our goal is to help you approach your legal proceedings with peace of mind and confidence.
Instead of trying to manage all of your case proceedings unassisted while recovering from a painful fall injury, we can handle your legal affairs while you focus on recovery. Our firm has a strong record of successful cases, and we have earned a solid reputation as a leading choice for personal injury counsel in the Houston area. We believe in client-focused legal counsel, taking time to get to know each client’s unique needs and concerns as we begin handling their case.
Determining Fault for a Slip and Fall in Texas
Texas law maintains that property owners have a legal duty of care to prevent foreseeable harm to lawful visitors of their properties. The distinction between a “lawful” visitor and an unlawful one is essential; property owners have no duty of care to prevent injuries to trespassers. If an intruder or trespasser sustains an injury on property they did not have permission to enter, they have no grounds for civil action against the property owner.
Property owners must address foreseeable safety issues that pose threats to lawful guests invited to the property for personal reasons and invitees who have implied permission to enter the property, such as mail carriers and utility workers. Falls can happen in many ways, from damaged staircases and loose floorboards to unmarked wet floors and damaged lighting.
It is also possible for fall injuries to occur in the workplace. If you or a loved one suffered a slip and fall at work, you might have grounds to file a workers’ compensation claim if your employer has workers’ compensation insurance. However, if your employer does not have this coverage or your fall injury resulted from a third party’s misconduct, you will need to file a personal injury claim against the party responsible for your fall injury at work.
It is possible for a slip and fall accident to happen for various reasons, and proving the exact cause of your recent accident will be a crucial first step in your recovery efforts. You must first prove that you were legally present on the property. This means you had the property owner’s express or implied permission to enter the property; otherwise, the premises liability rule would not apply, and you would be personally responsible for your damages.
A few of the most commonly cited causes of slip and fall accidents in the Houston area include:
These are only a few possible examples of slip and fall hazards that might lead to personal injury claims. Whenever a property owner notices any such hazard on their property, they are required to fix the problem immediately, post a clearly visible warning sign, or provide lawful visitors with clear verbal warnings if they are likely to encounter the hazard while on the property.
A Houston fall injury attorney can help you determine liability for your recent accident. Once you identify the party responsible for your fall, you can hold them accountable for your damages. The personal injury laws of Texas allow a plaintiff to seek compensation for all damages caused by a defendant’s actions. You could potentially recover:
Many fall injury victims initially undervalue their claims, not realizing the full scope of their claimable damages until they have reliable legal counsel advising them. The first step in securing the compensation you need for a fall injury is determining who is responsible for causing the injury. If you believe you have grounds for a fall injury claim in Houston, TX, it’s vital to secure legal representation you can trust as soon as possible for the most optimal chance of maximizing your recovery.
When you have gathered the evidence needed to prove fault for your slip and fall accident and are ready to file your case, it is possible for the case to unfold in two possible ways. The first option is a settlement. When the defendant accepts liability, they are likely to seek a swift settlement to minimize legal expenses. During settlement negotiations, the parties involved in the case meet privately with their respective attorneys to negotiate terms for resolving the case.
Alternatively, if the defendant does not accept liability, then the case will need to go to litigation. During litigation, each party presents its evidence to the court, and a judge will make the final determination regarding fault for the accident and the extent of compensation the plaintiff will receive from the defendant.
The majority of civil claims for damages end in settlement. This process allows both the plaintiff and defendant to resolve the case more quickly and to have more control over the final outcome. When a case goes to trial, the judge overseeing the case has the final say on fault and the extent of compensation owed to the plaintiff.
When you choose Stevenson & Murray to represent your slip and fall injury claim in Houston, we will seek to settle the claim as quickly as possible if we can, but our team is fully prepared to represent you in court if necessary. Our goal is maximum client recovery in every case we accept, and the sooner you contact our firm, the sooner we can begin building your slip and fall injury case.
A: The total potential value of any personal injury suit largely depends on the extent and severity of the victim’s damages. State law gives the plaintiff the ability to seek full repayment of all financial losses they suffered because of the defendant’s actions. This includes future losses such as lost earning potential when you have been permanently disabled. Additionally, you can claim as much pain and suffering compensation as you believe reflects the severity of your condition.
A: Success with a personal injury claim filed under Texas’ premises liability laws requires proof that the property owner knew or reasonably should have known about the hazard that caused the injury but failed to properly address the issue. Your attorney may seek various forms of evidence, such as camera recordings, witness statements, maintenance records, and physical evidence, to assist you in proving liability for your slip and fall.
A: Technically, yes, it is possible to bear partial liability for your damages in a slip and fall accident claim and still recover compensation from the defendant. However, you must prove that you are less than 50% at fault; otherwise, you cannot seek compensation from the defendant. If you are less than 50% at fault, your fault percentage is taken from the final case award as a penalty, and you will keep the rest.
A: If you intend to file any type of personal injury claim, you must do so within the statute of limitations or time limit for filing your case. The statute of limitations is two years starting on the date the accident occurred. Failure to file your claim within this time limit could mean losing your right to recover compensation from the defendant.
A: Stevenson & Murray takes personal injury cases on a contingency fee basis, meaning our client does not pay any upfront or ongoing legal fees for representation. Instead, we take a percentage of our client’s case award as our fee, but only if and when we win the case. If our team is unable to secure compensation for you, there is no fee at all. This eliminates any risk of paying more for legal counsel than you win in compensation for your damages.
Stevenson & Murray has extensive experience handling a wide range of personal injury claims on behalf of clients in Houston, TX. You probably have lots of questions about your case and what to expect as it unfolds, and we can provide the guidance and reassurance you need in this demanding situation. If you are ready to explore your options for legal recourse for a fall injury, contact Stevenson & Murray today to schedule your consultation with a Houston fall injury attorney.
Request a Free Consultation
"*" indicates required fields