According to the U.S. Centers for Disease Control and Prevention (CDC), 20% of falls cause serious injuries, including internal injuries, broken bones and head injuries. In addition, 800,000 patients are admitted to the hospital every year due to fall injuries. As you can see, slip-and-fall accidents are a common occurrence that can happen anywhere.
Property owners have a responsibility to keep their property safe for visitors. If you’ve fallen and injured yourself on someone’s property, the property owner may be held liable for your injuries due to premises liability. In this blog, our Carrollton Slip and Fall Lawyers will decode the rules surrounding the topic of whether you can recover damages or compensation if you were to fall and be injured on somebody’s property.
What Is Premises Liability?
Premises liability is a set of rules in Texas that holds property owners responsible for accidents and injuries that occur on their property due to unsafe conditions. The legal theory is based on the idea that property owners have a duty to keep their premises reasonably safe for visitors. When they fail to do so, and someone is injured as a result, they may be held liable for damages.
Examples of potentially hazardous conditions that can lead to premises liability claims include:
- Slippery or wet floors
- Uneven pavement or flooring
- Poor lighting
- Obstructed walkways or pathways
- Broken stairs or railings
- Inadequate security measures
- Hidden or concealed hazards
In a premises liability case, the plaintiff (the injured party) must prove that the property owner knew or should have known about the unreasonably dangerous condition and failed to take reasonable steps to address it. The plaintiff must also prove that the hazardous condition was the cause of the injuries.
What Should I Do If I Fall On Someone’s Property?
If you fall on someone else’s property and think you may be injured, there are several steps you should take to protect your health and your legal rights. Here’s what you should do:
- Seek Medical Attention: The first and most important step is to seek medical attention for your injuries. If the injuries are severe, call for emergency medical services (EMS) or go to the nearest hospital.
- Document the Incident: If possible, take photos of the area where the accident occurred and any hazardous conditions that may have contributed to the fall. If there are any witnesses to the accident, obtain their names and contact information.If the fall was caused by a hazardous material on the floor, preserving the clothing you were wearing or photographing the same can be evidence of the substance that caused you to fall.
- Report the Incident: Report the incident to the property owner or manager as soon as possible. Preferably, the incident should be reported before leaving the premises. Be sure to document the date and time of your report, as well as the name and contact information of the person you spoke with. If you can, obtain an incident report if you fell at a commercial property. If you fell at a residence, inquire if the property owner had cameras in their home that recorded the fall.
- Contact an Attorney: If you were injured in the fall, you may be entitled to compensation for your medical expenses, lost wages, and other damages. Contact an experienced attorney who specializes in premises liability cases to discuss your legal options.
- Follow Up with Medical Treatment: Be sure to follow up with any recommended medical treatment, including appointments with doctors and physical therapists. This will help to ensure that your injuries are properly documented and treated and will strengthen your case if you decide to pursue legal action.
If you decide to pursue legal action after a premise accident, it’s important to seek the help of an experienced personal injury attorney. An attorney can help you gather evidence to prove your case and negotiate a fair settlement with the property owner or their insurance company.
Our Carrollton Slip-and-Fall Lawyers Are Here to Help
At The Law Offices of Tim O’Hare, we have extensive experience representing clients in slip-and-fall cases. Our team of skilled attorneys can help you navigate the legal process and fight for the compensation you deserve. We will work tirelessly to build a strong case on your behalf and help you recover damages for medical bills, lost wages, and pain and suffering.
If you’re considering legal action after a slip-and-fall accident, don’t hesitate to reach out to us for help. We are committed to providing our clients with top-notch legal representation and helping them get the justice they deserve.