Sudden injuries typically leave victims in significant pain and needing extensive medical care. People throughout the Houston area are often injured when they slip and fall on someone else’s property. These incidents happen everywhere, including stores, hotels, restaurants, or venues. Slip and falls can cause serious limb or head injuries, and recovery can take longer than you might expect. Many victims have significant medical bills, and need to seek a financial recovery from the negligent party who’s responsible for their fall. Premises liability law can be complex, and it can be difficult to know if you have a strong slip and fall case. It’s important to have an injury lawyer who understands how to recover compensation for those injured on the property of others.
The Houston premises liability lawyers at The Krist Law Firm, P.C. have years of experience helping slip and fall victims. We understand how Texas law applies to accidents that happen at the home or place of business of someone else. Contact us speak with a knowledgeable injury lawyer about the strength of your case and how we can help you seek what you deserve.
The Elements Of A Slip And Fall Case
Texas’ premises liability law allows for an injured person to seek compensation from the negligent property owner or occupier of the premises where they were injured. An occupier refers to a person legally using the premises, such as a renter who hosts their business on the property. Your lawyers will have to show that your fall was due to the negligence of the person responsible for the property. Even injury is different, but a strong case for damages after your slip and fall will be able to demonstrate each of the following elements:
- The property owner had a duty to protect you – When hosting you on their property, an owner or occupier must take reasonable steps to ensure your safety.
- The owner or occupier failed to uphold their duty of care – Perhaps they neglected to take reasonable steps to remove a hazard from the premises. Furthermore, they may have failed to adequately warn you of unforeseen dangers that were present.
- The owner’s failure directly resulted in your injuries – Failing to keep the premises safe is not enough, it must be clearly shown that their negligent actions directly resulted in your accident.
- Your injuries can be demonstrated – It is essential to show the extent of your injuries if you are to recover compensation in your case. This can be done by showing photos of your injuries, describing your resulting limitations, and providing a summary of your medical needs and expenses.
Recovering Damages After A Slip And Fall
Your injury is unique, and so are the circumstances that resulted in your slip and fall accident. A successful claim must be able to refute any statements by the other party seeking to be cleared of liability for your accident. Our injury attorneys know how to gather all relevant evidence needed to help our clients after a serious fall. A strong case can result in an acceptable financial settlement offer being negotiated for you and your family. However, we have decades of trial experience, and we are ready to take our clients’ cases to court if they do not receive an adequate settlement offer from the responsible party.
Texas law allows for property owners and occupiers to defend themselves from liability by seeking to free themselves from responsibility for your accident. Your attorney must understand these defenses, and know how to contradict them if you are to recover the compensation you need.
Defenses to your slip and fall case may include:
- A warning was posted – The other party may argue that you had proper warning about the dangers present. Your attorney will have to demonstrate that there was no warning, or any warning was not reasonable to protect you from harm while on the premises.
- The property owner could not have proper notice – They cannot be held liable if it was impossible for them to notice the danger present. Obtaining damages could mean demonstrating that they failed to notice dangers that any reasonable person in their situation could have identified.
- You could have prevented your accident – Your case can fail if the other party convinces the court that you should have been able to take common-sense measures to prevent your injury. In this case, your lawyer will have to argue that you could not have reasonably been expected to notice and avoid the danger, and the other party should have acted to keep you safe.
The Krist Law Firm, P.C. Can Help You After A Slip And Fall
Devastating slip and fall accidents in Houston happen every day. While they can occur anywhere and due to various property defects, slip and falls are common in crowded rooms, on stairs, or walkways exposed to the elements. These accidents are not just painful; they often result in severe injuries to the victim. Your slip and fall can result in damaged bones, torn muscles, and even damage to your nervous system. Many slip and fall victims need months of constant medical attention. However, some accident victims in this position will never fully recover from their injuries.
You have the right to recover for your damages if you were hurt due to the negligence of someone else. A property owner or occupier may have failed to take reasonable steps to keep you safe. It’s important that you do not delay in seeking skilled legal counsel if you have been hurt due to the careless actions of someone else. At The Krist Law Firm, P.C., our veteran attorneys will investigate every detail of your slip and fall case. Given Texas’ two year statute of limitations for personal injury, we encourage you to not delay in seeking help.
Contact The Krist Law Firm, P.C. to speak with an experienced Houston slip and fall lawyer today. Call (281) 283-8500 or submit a request online to set up a free consultation. There will be no cost to you unless you recover compensation.