People who enter a business to shop, dine, see a movie, or do any other activity have the right to expect a safe environment free of hazards that can cause them to slip, trip, or fall. All property owners in Texas have a legal duty to keep their premises safe from such dangers.
When they fail to do so, and someone is injured as a result, the victim may be entitled to compensation. The attorneys of The Payne Law Group know how to hold property owners liable for allowing their properties and buildings to be unsafe for guests and visitors.
If you have suffered injuries in a slip-and-fall accident, you need the aggressive representation we provide. Contact us today for a free consultation. We serve clients in College Station, Bryan, and throughout Brazos County.
What Is the Duty of Care?
One of the main issues in a slip-and-fall or premises liability claim is the duty of care the property owner, or possessor, owes to the people on their property. Property owners have limited liability for trespassers because they were not legally allowed to be on the property. Most of these issues therefore come down to the distinction between invitees and licensees.
Invitees vs. Licensees
People who are invitees or licensees may be eligible to seek compensation for their injuries on another’s property in Bryan or Brazos County. These are some guidelines to know:
- Invitees are generally on the property for business, such as patrons visiting a store, hotel, or restaurant
- Licensees are social guests who are specifically invited to be on the property, such as friends and relatives, but are not there for commercial or business purposes
Invitees are owed a higher duty of care, with the property owner being potentially liable for hazards that could reasonably be uncovered in an inspection. The team at The Payne Law Group will carefully evaluate your claim, explore your options, and protect your rights.
Our firm was founded in 1949 on the idea that honest people deserve honest legal representation in difficult times. We hold that principle close to our hearts today and look forward to providing you with the compassionate representation you need and deserve.
What Are Some of the Most Common Slip, Trip, & Fall Hazards?
Some of the most common slip, trip, and fall hazards in Bryan and Brazos County include:
- Lifted carpeted
- Wet, slippery floors
- Cluttered walkways
- Broken steps
- Missing or damaged handrails
- Loose computer wires or power cables
- Poor lighting
Common Slip, Trip, and Fall Accident Injuries
A slip, trip, or fall can leave a victim with major medical bills, lost time from work, and pain and suffering. Some of the most common injuries from these accidents include:
- Bone fractures
- Strains
- Bruises
- Lacerations
- Internal organ damage
- Internal bleeding
- Traumatic brain injury (TBI)
- Concussion
- Back, neck, and shoulder injury
- Spinal cord injury
- Wrist, ankle, arm, and leg injuries
- Hip and knee injuries
In some cases, the accident can be fatal. Our Bryan and Brazos County wrongful death attorneys are ready to assist you if your loved one died in one of these tragic accidents.
How Do You Prove Negligence?
The victim has the burden of proving the at-fault party was somehow negligent. As your personal injury attorneys, we must show that you encountered an unreasonable hazard, placing liability on the property owner. There are a few steps that you can take to prove negligence:
- Pictures and videos: Take pictures and record videos of the accident scene as soon as possible before the owner can make any repairs. Do the same for your injuries. Include as much detail as you can in these images.
- Contact information: Get the names and contact information for any eyewitnesses. With this information, we can obtain statements from anyone who saw you fall.
- Report the accident: Contact the owner or manager of the property, if known, and report what happened in writing. Ask for a copy of this report later and give it to your attorney.
- Make your own notes: Lastly, you should write down everything you can about the accident before you forget any key information. Err on the side of more detail rather than less; even seemingly minor pieces of information can be useful.
Our legal team will rely on this and other evidence to build a solid slip-and-fall claim and fight for the compensation you deserve.
Defendant’s Strategy in a Slip-and-Fall Case
The defendant in your slip-and-fall claim will likely argue that you could have seen and avoided the hazard had you been more careful. This argument is grounded in general premises liability law, which makes it challenging to place liability on a property owner if they did not know about the hazard or had no opportunity to correct it before an accident occurred.
Therefore, property owners may only be liable for an “unreasonable” slip or trip hazard. Suppose, for instance, that a retail store bathroom sink floods. Although the janitor received a complaint about the water, or even observed it, they did not place a caution sign. Unaware of the hazard, you enter, slip, and sustain serious injuries.
In a case like this, the property owner and employee knew of the danger but neglected to mitigate it or warn others. This negligence warrants holding the retailer accountable. A knowledgeable attorney will help you identify all liable parties.
How Can The Payne Law Group Help?
The Payne Law Group can help you file a claim against a property owner if you suffered injuries on their property. Our slip and fall accident attorneys can work through the details while you focus on your recovery. You can trust us to:
- Investigate and photograph the accident site
- Identify and interview witnesses
- Determine a fair dollar value for your damages
- Retain the services of an expert witness who can testify as to relevant evidence
- Negotiate a fair and just settlement with the property insurer
- File a premises liability lawsuit if necessary
- Use the discovery process during litigation to obtain additional evidence
Above all, we will put your best interests first and fight to get you just compensation.
Talk To Our Bryan Slip and Fall Accident Attorney Today
If you or a loved one has suffered injuries in a slip and fall accident, turn to The Payne Law Group. We offer free consultations, and there is never a fee unless we recover for you. Contact us today to get started.
Frequently Asked Questions About Texas Slip, Trip, & Fall Accidents
Is there a deadline to file a lawsuit?
Most Texas personal injury plaintiffs must file a lawsuit no later than two years from the date of the accident. Failure to file by this deadline, known as the statute of limitations, will likely result in your lawsuit being dismissed. Two years may sound like a long time, but your case will be considerably stronger the sooner you act.
What compensation is available?
The available compensation, known as damages, will depend on the facts of your case. Your damages may include medical bills, lost income, decreased income capacity, pain and suffering, mental anguish, physical impairment, and physical disfigurement. Some of these include reasonably estimated future damages.
Can I sue the government?
You do have the right to sue if a government entity caused your accident, but different rules apply. Before suing, you must provide a notice of claim generally within six months of the accident. This notice should include a description of the victim’s injury, the date and time that it occurred, and a detailed account of what happened.
While the government may be liable, in some cases other parties can also be held responsible. A car accident on a poorly maintained state road might implicate public and private liability. Your Bryan and Brazos County personal injury lawyer will work to hold all at-fault parties accountable.
When are government entities responsible?
Under the Texas Tort Claims Act (TTCA), liability may extend to the negligent acts or omissions of a government employee who is acting within the scope of their employment. This may include, for instance, the operation of a government-owned vehicle or a premises liability case on public land.
What if I was partly to blame for the accident?
If you were partially negligent, the court will assign a percentage of liability to you and decrease your damages accordingly. For instance, a plaintiff who would have won $100,000, but who was found to be 30% at fault, will have 30% ($30,000) deducted for a net amount of $70,000. If you are more than 50% liable, however, you cannot recover anything.
This rule, known as comparative negligence, gives defendants a strong incentive to try to blame the victims for their injuries. We work hard to defend our clients and will fight any attempt to shift liability to you.