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Houston Slip and Fall Accident Lawyers
Alt Text - Slip and fall accident attorneys in houston
In the bustling metropolis of Houston, navigating the aftermath of a slip and fall accident can be
daunting, but with the seasoned expertise of slip and fall accident attorneys in Houston, justice
and rightful compensation become more than just possibilities—they become assured realities.
Houston, Texas, provides legal options in a slip-and-fall accident. Attorneys specialize in helping
victims of these accidents navigate the legal process and seek compensation for their injuries.
In this article, we explore the various aspects of slip-and-fall accidents, related laws in Houston,
and how an experienced attorney can assist you in your case.
What is a slip-and-fall accident?
Slip-and-fall accidents occur on both public and private properties. They are particularly
common in high-traffic businesses like grocery stores and restaurants.
Additionally, they can happen in public areas such as sidewalks. These incidents often result
from hazardous conditions on the premises, such as wet floors, unstable carpeting, or icy
walkways.
If you’ve sustained injuries in a slip-and-fall accident in Texas, you may be eligible for
compensation covering medical expenses, lost wages, and pain and suffering. For guidance on
your legal rights following a slip-and-fall incident, get in touch with a knowledgeable slip-and-
fall lawyer.
Common causes of slip-and-fall accidents
A slip-and-fall accident in Houston, Texas, is when someone loses their footing and sustains an
injury. These accidents can be attributed to various factors specific to the area:
Dangerous conditions
Hazardous situations like wet floors, loose carpeting, or icy walkways are common culprits in
slip-and-fall accidents in Houston.
Adverse outdoor conditions
Adverse weather conditions like heavy rain, occasional ice, or unexpected snowfall, along with
hidden hazards like potholes, contribute to slip-and-fall accidents, especially in the outdoor
areas of Houston.
Unwarranted substances
Spills of substances like food, oil, or water, or the presence of an uneven surface or loose rug,
can significantly increase the likelihood of slip-and-fall incidents in public spaces and businesses
in Houston.
Slick surfaces
A recently cleaned floor that remains slippery can pose a risk for slip-and-fall accidents.
Awareness of these potential hazards is crucial to minimize the risk of such accidents and
maintain a safe environment for all individuals in the area.
Common places where slip-and-fall accidents occur
Slip-and-fall accidents can occur in various locations throughout Houston, Texas. These
commonly include:
1. Public areas: Swimming pools, restrooms, parks, and public sidewalks are common sites of
slip-and-fall accidents.
2. Entertainment venues: Slip-and-fall accidents are widely reported in clubs, theaters,
stadiums, and arenas.
3. Restaurants: Spills on floors in restaurants can pose a risk for slip-and-fall accidents.
4. Other locations: Additional locations include airports, apartment complexes, bars,
nightclubs, construction sites, grocery stores, hotels, resorts, office buildings, and
professional complexes, as well as parking lots and garages.
Specific places in Houston where slip-and-fall incidents might occur include the Kemah
Boardwalk, Houston Funplex, and the Grand Texas Theme Park.
While these places are intended for enjoyment and relaxation, accidents can occur due to
uneven or wet pavement, walkways, and stairs. These areas should be approached with caution
to prevent accidents and ensure safety.
Slip-and-fall accident injuries
1. Fractured bones: In Texas, slip-and-fall accidents often occur on wet or icy surfaces, leading
to fractures in the hips, wrists, and ankles. Elderly people are particularly vulnerable to bone
fractures due to their increased susceptibility due to advanced age. It’s important to note
that legal responsibility isn’t affected by the injured party’s age or health at the time of the
incident.
2. Broken hips: Slip-and-fall accidents are the primary cause of hip fractures, where the ball
part of the hip joint is damaged. Surgery is typically required for treatment, involving the
insertion of a metal rod to stabilize the thigh bone. Rehabilitation may be necessary,
especially for seniors.
3. Soft-tissue injury: Slip-and-fall accidents can result in soft-tissue injury, which can cause
chronic pain. These injuries affect muscles, tendons, and ligaments, ranging from mild
sprains to severe ligament tears. Even if you feel fine after a slip-and-fall, seek medical
attention, as these injuries may not show immediate symptoms.
4. Traumatic brain Injury: This can range from minor concussions to severe injuries like skull
fractures and brain bleeding. Severe cases can lead to impaired brain function, seizures, and
reduced motor control.
5. Sprained ankles or wrists: While not severe, these injuries can significantly impact daily
activities such as typing, cooking, or dressing. An ankle sprain may also hinder mobility.
6. Wounds and Abrasions: Head, arm, and leg wounds are common in slip-and-fall accidents,
but minor cases may require only basic treatment.
7. Knee damage: Twisting your knee in a slip-and-fall can lead to ligament damage,
particularly to the medial lateral ligament and anterior cruciate ligament. These injuries can
have long recovery times and may require surgery or knee reconstruction in severe cases.
8. Spinal cord or back injury: Slip-and-fall accidents frequently cause back and spinal cord
injuries, ranging from fractured vertebrae to herniated discs. In severe cases, paralysis,
neurologic deficits, or even death can occur.
9. Neck or shoulder injury: Slip-and-fall accidents are a leading cause of shoulder dislocation
and can result in collarbone fractures.
What should I do after a slip-and-fall accident?
After experiencing a slip-and-fall accident, it’s crucial to take several immediate steps to protect
your well-being and strengthen your potential legal case. Here’s a detailed breakdown of what
you should do:
Seek medical attention
The very first priority after a slip-and-fall accident is your health and safety. Even if you believe
your injuries are minor, it’s essential to seek prompt medical attention. Some injuries may not
manifest symptoms immediately, and a healthcare professional can properly assess your
condition.
Furthermore, having a medical record of your injuries is crucial for any potential legal action.
Seeking immediate medical attention also bolsters the credibility of your case. Delaying
treatment may lead the defense to argue that your injuries resulted from a cause unrelated to
your slip-and-fall incident.
Document the incident
As soon as it is safe to do so, document the conditions of the accident scene. Take clear
photographs or videos of the area where the incident occurred in Houston. Accurately record
the scene, taking multiple photos from different angles to capture hazardous conditions and
the lack of warnings for subsequent use as evidence.
Determining the cause of the fall is important. For instance, whether you slipped on a store’s
wet floor due to the absence of a warning sign, or you tumbled down apartment stairs because
the top carpet was improperly secured, understanding the cause simplifies proving the
landowners’s negligence. In addition to photographs, collect other pertinent evidence, such as
weather reports (for outdoor incidents), previous maintenance requests, and any
communication about potential hazards.
Collect witness statements
If there were any witnesses to the accident, approach them and ask if they would be willing to
provide a statement. Witness testimonies can be incredibly valuable in corroborating your
account of the incident. Encourage them to provide their contact information, as well. This will
make it easier for your attorney to contact them if necessary.
Notify the property owner
In the event of a slip-and-fall incident in your apartment building, it is advisable to promptly
inform your landlord in writing, furnishing a comprehensive account of the circumstances. If
you fall in a store, notify the operator or owner of the store. Keep a record of any
communications regarding the incident, such as emails or text messages. Timely reporting is
essential for establishing negligence.
Consult an attorney
After taking these initial steps, it’s highly advisable to consult a qualified slip-and-fall attorney in
Houston. An experienced attorney will guide you through the legal process, ensuring that your
rights are protected and that you have the best chance of securing the compensation you
deserve. Your attorney will review the evidence you’ve collected, help you understand your
legal rights, and advise you on the next steps in pursuing a claim. They will also handle
communication with insurance companies and, if necessary, represent you in court.
Remember, the actions you take immediately after a slip-and-fall accident can significantly
impact the outcome of your case. By following these steps, you are setting yourself up for the
best chance of a successful legal resolution.
Slip-and-fall statistics
 The U.S. Centers for Disease Control (CDC) reports that more than 8 million individuals get
injured every year due to slip-and-fall accidents throughout the United States. Of these,
more than 800,000 people require medical attention.
 Slip-and-fall accidents are the most common workplace injury in the United States.
 Unintentional injuries due to falls are the second leading cause of accidental deaths in the
country.
 According to the 2020 Texas Department of Insurance Census, 71 out of 469 occupational
fatalities in Texas that year were caused due to slips, trips, and falls.
Slip-and-fall accident law in Houston
In Houston, property owners are held responsible for a slip-and-fall incident only if they were
aware of the hazard and failed to take reasonable steps to address it. For instance, if the owner
knew about a puddle of water but neglected to clean it up or alert customers, they could be
liable for any injuries resulting from mishaps.
According to Texas law, property owners are required to exercise reasonable care in
maintaining their property for all visitors, with the level of care depending on the visitor’s
status, namely invitee, licensee, or trespasser.
 Invitees are individuals who have been given explicit or implicit permission to enter a
property for a business purpose. If you are in a restaurant, hotel, or store as a customer,
then you are an invitee. Tenants are also invitees vís-a-vís their landlord. Property owners in
Texas have a duty to ensure an invitee’s safety. If owners or operators are aware of a
dangerous condition but do not take action to rectify it or notify people, they can be held
liable for any injuries to an invitee caused by that condition. Business owners also have a
duty to inspect their property to learn of any dangerous conditions.
 Licensees are social guests and certain other parties who have the landowner’s permission
to enter for their own purposes. Licensees include parties who are on your premises with
your permission to conduct work, e.g., a repairman or someone delivering food. The
landowner or occupier owes licensees only a duty to warn of any harmful conditions that
would not be obvious to the licensee and that pose an undue risk of injury, provided the
landowner is aware of such conditions. Owners have no duty to inspect the premises to
ensure the safety of licensees.
 Trespassers enter a property without permission. Generally, landowners are not obligated
to safeguard trespassers except to ensure they are not intentionally harmed and to not act
with gross negligence. However, if a landowner knows a trespasser has entered their
property, they have a duty to warn of hazards on the property.
How do you prove negligence in a slip-and-fall case?
To seek compensation for injuries resulting from a slip-and-fall incident on a property due to
the owner’s negligence, it’s essential to establish the owner’s/operator’s liability. This involves
following several key steps:
Step 1. Demonstrate grounds for duty of care
Under Texas premises liability law, as summarized above, the duty of care owed by a property
owner differs depending on whether a person on their property is classified as an invitee, a
licensee, or a trespasser.
Invitees are entitled to the highest degree of care. Licensees and trespassers are owed a lesser
standard of care. This duty extends to areas that visitors can reasonably be expected to access.
Collect lease agreements, building codes, and company policy documents to prove that the
landlord, owner, leaseholder, employer, or operator was responsible for ensuring safety.
Step 2. Prove breach of duty
Once duty is established, the next step is to demonstrate that the property owner breached
their duty of care. Investigate instances when the owner failed to uphold their duty. This may
include gathering maintenance records and photographic evidence highlighting neglect, such as
broken stairs.
Preserve documents showing that the owner failed to take necessary precautions, failed to post
warning signs, or neglected their responsibility to maintain a safe environment.
For example, keep letters, emails, or texts showing that you or someone else notified the
property owner about a hazard and any follow-up communication or photographs
demonstrating that the owner failed to take appropriate action to rectify the hazard.
Or use surveillance footage or testimonies from other tenants to demonstrate that the property
owner should have been aware of the hazardous condition.
Step 3. Establish links for causation
Use witness statements, expert testimonies, and other evidence to directly link the property
owner’s negligence to your injury. Causation involves proving that the breach of duty directly
caused the slip-and-fall incident and resulting injuries.
It must be shown that if the property owner had fulfilled their duty of care, the accident would
not have occurred. This can sometimes be complex, as it requires establishing a clear link
between the property owner’s negligence and the victim’s injuries.
For instance, if a neglected leaky roof caused a slippery floor leading to your fall, the chain of
events should be established.
Step 4. Document injuries and damages
It’s crucial to demonstrate the actual damages or injuries suffered by the victim as a direct
result of the slip-and-fall incident.
Comprehensive medical records, injury photographs, therapy bills, and expert medical opinions
must be compiled. Lost wages and other financial consequences arising from your injuries can
be presented.
Consulting with a skilled attorney experienced in slip-and-fall cases can help navigate legal
complexities and ensure that each element of negligence is adequately addressed in building a
strong case.
How long do I have to file a slip-and-fall accident lawsuit in Houston?
If you have suffered injuries in a slip-and-fall accident in Houston, you may be eligible for
compensation covering medical expenses, lost wages, and pain and suffering.
It’s important to note that the statute of limitations for slip-and-fall claims in Texas is two years
from the date of the accident. This means you have a two-year window to file a claim after the
incident occurs.
How much can you expect to recover in damages for a slip-and-fall
accident in Houston?
Determining the settlement in slip-and-fall cases can be complex as various factors come into
play. In Texas, settlements in such cases vary widely, with amounts ranging from $15,000 to as
high as $850,000.
Each case is distinct, and the compensation you receive hinges on numerous elements,
including the severity of your injuries, how they affect your everyday life, and the level of
negligence displayed by the property owner.
Damages to claim for a slip-and-fall accident
Economic damages
Medical expenses
 This category covers the costs associated with medical care and treatment following the
injury. It encompasses expenses like ambulance fees, emergency room charges,
hospitalizations, surgeries, physician bills, diagnostic tests (such as lab tests, X-rays, CT
scans, and magnetic resonance imaging), therapy sessions (physical, occupational,
vocational, etc.), as well as expenses for medications and medical supplies.
 It’s crucial to retain detailed records of all medical costs and expenses incurred. Any
reasonable and necessary medical expenses can be included in a personal injury case.
Loss of income
If the injuries in the accident prevent you from working, you are entitled to compensation for
your loss of income. This can encompass wages, salaries, benefits, commissions, bonuses, and
potential decreases in earning potential. It may also include other forms of compensation or
opportunities lost due to the injury.
Thorough documentation of these losses enhances the likelihood of receiving full compensation
for economic damages.
Other out-of-pocket expenses
 Depending on the specific circumstances of the case, additional economic losses may be
included in a claim for damages. These may involve travel costs to and from medical
appointments, in-home health care or personal care, long-term medical or personal care,
modifications to your home or vehicle necessitated by a disability or impairment, and
assistance with household chores.
 Keep meticulous records of bills, invoices, receipts, and proof of payment for these
economic losses. Your lawyer will help determine which of these expenses can be included
in a settlement demand.
Noneconomic damages
Pain and suffering
 Noneconomic damages, often referred to as “pain and suffering,” pertain to
compensation for the physical and emotional distress resulting from the accident and
subsequent injuries. This includes compensation for:
o Physical pain and suffering
o Disabilities and permanent impairments
o Scarring and disfigurement
o Emotional distress and mental anguish
o Psychological injuries, such as post-traumatic stress disorder, anxiety, and
depression
o Loss of consortium claimed by spouse or parents
 If injuries lead to a significant reduction in your quality of life, such as the inability to
engage in hobbies or activities you previously enjoyed, you can seek compensation for
this loss.
 Calculating the value of pain and suffering damages is complex, and a standard formula
does not exist. Various factors, including the severity and permanence of the injuries,
influence assessment.
 Maintaining a journal detailing daily pain levels and the impact of the injury on daily life
can assist your personal injury lawyer in maximizing pain and suffering damages.
 Punitive damages
 Punitive damages are a relatively uncommon category of damages in personal injury
cases. They are intended to serve as a punitive measure for cases involving gross
negligence, intentional egregious acts, or actions demonstrating a willful disregard for
human safety.
How can a slip-and-fall accident lawyer help with your case?
A slip-and-fall accident lawyer in Houston is crucial to secure the compensation you rightfully
deserve. They can help you establish liability, diligently gathering evidence to demonstrate the
property owner’s negligence.
Your lawyer evaluates your case carefully. They assess the extent of your injuries, the impact of
those injuries on your daily life, and the level of negligence exhibited by the property owner.
This evaluation determines the strength of your claim and the potential types of compensation
available.
With a solid foundation, the lawyer takes charge of negotiations with the property owner and
their insurance provider. Your attorney’s expertise in these discussions ensures you’re not left
at a disadvantage.
Additionally, if needed, your lawyer can tap into their network of experts to further establish
the value of your case, providing critical insights into the extent of your injuries and the lasting
effects on your life.
Slip-and-fall accident claim filing costs
Small claims court: For slip-and-fall cases with minor injuries and associated expenses, small
claims court is a common avenue for resolution. In this scenario, hiring a lawyer may not be
necessary, though it remains an option.
The maximum claim in Texas is $20,000 for small claims. Filing fees typically range from $20 to
$320; however, if your case is successful, these costs can often be reimbursed.
Severe injury cases: In instances involving severe injuries, seeking legal representation is
imperative. Most personal injury lawyers work on a contingency basis, meaning there are no
upfront costs.
Instead, the lawyer’s fees are calculated as a percentage of the settlement amount and are
collected once you have won the case. These fees generally range from 25% to 35% of the
settlement amount.
Additional expenses: In addition to attorney fees, other costs associated with pursuing a slip-
and-fall case include copies and postage, court filing fees, expert witness fees, deposition and
travel costs, and trial preparation expenses.
Although your lawyer may request payment for these as they arise, they are typically billed
once your case is settled. Your contingency fee agreement should state whether the lawyer or
client covers these expenses.
It’s crucial to clarify with your lawyer which expenses, if any, you will need to pay for upfront
and which, if any, you will need to cover out of pocket in the event you lose at trial or are
unable to settle your case. For simple cases, these costs typically range from $800 to $4,400,
but they could increase based on the complexity and extent of work required.
Conclusion
Accidents involving slips and falls can have detrimental effects on one's health as well as
finances. However, victims can pursue the compensation they are entitled to with the help and
advice of knowledgeable slip and fall accident lawyers.
We at The Texas Attorney are dedicated to fighting for our clients' rights and are aware of the
difficulties involved in these matters. In order to guarantee that justice is done, our staff works
hard to give individualized attention and conscientious representation.
Do not hesitate to get in touch with us for a free consultation if you or a loved one has suffered
injuries in a slip and fall accident. Our goal is to assist you in obtaining the best possible result
for your case and navigating the legal system.
FAQs
1) What is a slip-and-fall injury?
A slip-and-fall injury is when someone loses their footing and sustains an injury, often due to
hazardous conditions on a property.
2) Who is liable in a slip-and-fall injury?
Property owner liability in Texas varies depending on the status of the visitor. For business
invitees–including customers in hotels, shops, and restaurants—liability arises if the property
owner knew or should have known of the hazard that caused injury and failed to take
reasonable steps to remove or warn of it. However, if the injured party is a social guest in
someone’s home, or a worker in the home (like a repairman or food delivery driver), the owner
would be liable only if
(i) they actually knew of the dangerous condition that caused the injury,
(ii) the condition was not obvious, and
(iii) the owner failed to warn about the condition. Property owners are liable to trespassers only
if they are injured intentionally or by gross negligence.
3) What to do after a slip-and-fall accident?
After a slip-and-fall accident in Houston, it's crucial to seek immediate medical attention,
document the conditions, obtain witness statements, and preserve any physical evidence
related to the accident.
4) How long do I have to file a slip-and-fall injury lawsuit?
In Texas, the statute of limitations for slip-and-fall claims is two years from the accident,
providing a two-year window to file a claim.
5) How do you prove your slip-and-fall was due to the property owner's
negligence?
Proving negligence requires you to demonstrate that the owner had a duty of care (which will
differ depending on your status as an invitee or licensee); that the owner breached their duty;
that their breach caused an accident; and that you suffered injuries and other damages as a
result of the accident.
6) What are common causes of slip-and-fall accident injuries?
Slip-and-fall accident injuries can result from wet floors, loose floorboards, loose or bulging
carpeting, loose mats or rugs, spillage of food or liquids, potholes or cracks, uneven flooring or
sidewalks, exposed wiring, or other hazards. Adverse outdoor conditions, such as heavy rain,
ice, or snowfall, can also contribute to a slip-and-fall injury.
7) How much does a slip-and-fall injury claim cost to pursue?
Most personal injury lawyers work on a contingency basis, meaning there are no upfront costs.
Their fees, usually 25% to 35% of the settlement, are collected only upon winning the case.
(Claims for less severe injuries can be pursued in small claims court, where you may not need to
hire a lawyer.)
Additional costs include litigation expenses and expert fees. These costs are typically billed
upon settlement. For straightforward cases, these costs range from $800 to $4,400 but can be
higher depending on the complexity of your case.
Contingency fee agreements should specify whether the lawyer or client covers these expenses
in the event the case loses at trial or fails to settle.
8) How can a slip-and-fall injury lawyer help with your case?
A slip-and-fall injury lawyer can help by determining which party is liable, evaluating the
strength of your case, handling settlement negotiations, working with experts to determine the
case's value, and presenting your case in court.
9) What damages can be claimed in a slip-and-fall accident case?
Damages that can be claimed in a slip-and-fall accident case include economic damages
(medical expenses, loss of income, other out-of-pocket expenses) and non-economic damages
(pain and suffering, loss of enjoyment of life), as well as possibly punitive damages in cases of
gross negligence.

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Slip and Fall Accident Attorneys in Houston - Bailey & Galyen Attorneys at Law

  • 1. Houston Slip and Fall Accident Lawyers Alt Text - Slip and fall accident attorneys in houston In the bustling metropolis of Houston, navigating the aftermath of a slip and fall accident can be daunting, but with the seasoned expertise of slip and fall accident attorneys in Houston, justice and rightful compensation become more than just possibilities—they become assured realities. Houston, Texas, provides legal options in a slip-and-fall accident. Attorneys specialize in helping victims of these accidents navigate the legal process and seek compensation for their injuries. In this article, we explore the various aspects of slip-and-fall accidents, related laws in Houston, and how an experienced attorney can assist you in your case.
  • 2. What is a slip-and-fall accident? Slip-and-fall accidents occur on both public and private properties. They are particularly common in high-traffic businesses like grocery stores and restaurants. Additionally, they can happen in public areas such as sidewalks. These incidents often result from hazardous conditions on the premises, such as wet floors, unstable carpeting, or icy walkways. If you’ve sustained injuries in a slip-and-fall accident in Texas, you may be eligible for compensation covering medical expenses, lost wages, and pain and suffering. For guidance on your legal rights following a slip-and-fall incident, get in touch with a knowledgeable slip-and- fall lawyer. Common causes of slip-and-fall accidents A slip-and-fall accident in Houston, Texas, is when someone loses their footing and sustains an injury. These accidents can be attributed to various factors specific to the area: Dangerous conditions Hazardous situations like wet floors, loose carpeting, or icy walkways are common culprits in slip-and-fall accidents in Houston. Adverse outdoor conditions Adverse weather conditions like heavy rain, occasional ice, or unexpected snowfall, along with hidden hazards like potholes, contribute to slip-and-fall accidents, especially in the outdoor areas of Houston.
  • 3. Unwarranted substances Spills of substances like food, oil, or water, or the presence of an uneven surface or loose rug, can significantly increase the likelihood of slip-and-fall incidents in public spaces and businesses in Houston. Slick surfaces A recently cleaned floor that remains slippery can pose a risk for slip-and-fall accidents. Awareness of these potential hazards is crucial to minimize the risk of such accidents and maintain a safe environment for all individuals in the area. Common places where slip-and-fall accidents occur Slip-and-fall accidents can occur in various locations throughout Houston, Texas. These commonly include: 1. Public areas: Swimming pools, restrooms, parks, and public sidewalks are common sites of slip-and-fall accidents. 2. Entertainment venues: Slip-and-fall accidents are widely reported in clubs, theaters, stadiums, and arenas. 3. Restaurants: Spills on floors in restaurants can pose a risk for slip-and-fall accidents. 4. Other locations: Additional locations include airports, apartment complexes, bars, nightclubs, construction sites, grocery stores, hotels, resorts, office buildings, and professional complexes, as well as parking lots and garages. Specific places in Houston where slip-and-fall incidents might occur include the Kemah Boardwalk, Houston Funplex, and the Grand Texas Theme Park. While these places are intended for enjoyment and relaxation, accidents can occur due to uneven or wet pavement, walkways, and stairs. These areas should be approached with caution to prevent accidents and ensure safety.
  • 4. Slip-and-fall accident injuries 1. Fractured bones: In Texas, slip-and-fall accidents often occur on wet or icy surfaces, leading to fractures in the hips, wrists, and ankles. Elderly people are particularly vulnerable to bone fractures due to their increased susceptibility due to advanced age. It’s important to note that legal responsibility isn’t affected by the injured party’s age or health at the time of the incident. 2. Broken hips: Slip-and-fall accidents are the primary cause of hip fractures, where the ball part of the hip joint is damaged. Surgery is typically required for treatment, involving the insertion of a metal rod to stabilize the thigh bone. Rehabilitation may be necessary, especially for seniors. 3. Soft-tissue injury: Slip-and-fall accidents can result in soft-tissue injury, which can cause chronic pain. These injuries affect muscles, tendons, and ligaments, ranging from mild sprains to severe ligament tears. Even if you feel fine after a slip-and-fall, seek medical attention, as these injuries may not show immediate symptoms. 4. Traumatic brain Injury: This can range from minor concussions to severe injuries like skull fractures and brain bleeding. Severe cases can lead to impaired brain function, seizures, and reduced motor control. 5. Sprained ankles or wrists: While not severe, these injuries can significantly impact daily activities such as typing, cooking, or dressing. An ankle sprain may also hinder mobility. 6. Wounds and Abrasions: Head, arm, and leg wounds are common in slip-and-fall accidents, but minor cases may require only basic treatment. 7. Knee damage: Twisting your knee in a slip-and-fall can lead to ligament damage, particularly to the medial lateral ligament and anterior cruciate ligament. These injuries can have long recovery times and may require surgery or knee reconstruction in severe cases. 8. Spinal cord or back injury: Slip-and-fall accidents frequently cause back and spinal cord injuries, ranging from fractured vertebrae to herniated discs. In severe cases, paralysis, neurologic deficits, or even death can occur.
  • 5. 9. Neck or shoulder injury: Slip-and-fall accidents are a leading cause of shoulder dislocation and can result in collarbone fractures. What should I do after a slip-and-fall accident? After experiencing a slip-and-fall accident, it’s crucial to take several immediate steps to protect your well-being and strengthen your potential legal case. Here’s a detailed breakdown of what you should do: Seek medical attention The very first priority after a slip-and-fall accident is your health and safety. Even if you believe your injuries are minor, it’s essential to seek prompt medical attention. Some injuries may not manifest symptoms immediately, and a healthcare professional can properly assess your condition. Furthermore, having a medical record of your injuries is crucial for any potential legal action. Seeking immediate medical attention also bolsters the credibility of your case. Delaying treatment may lead the defense to argue that your injuries resulted from a cause unrelated to your slip-and-fall incident. Document the incident As soon as it is safe to do so, document the conditions of the accident scene. Take clear photographs or videos of the area where the incident occurred in Houston. Accurately record the scene, taking multiple photos from different angles to capture hazardous conditions and the lack of warnings for subsequent use as evidence. Determining the cause of the fall is important. For instance, whether you slipped on a store’s wet floor due to the absence of a warning sign, or you tumbled down apartment stairs because the top carpet was improperly secured, understanding the cause simplifies proving the
  • 6. landowners’s negligence. In addition to photographs, collect other pertinent evidence, such as weather reports (for outdoor incidents), previous maintenance requests, and any communication about potential hazards. Collect witness statements If there were any witnesses to the accident, approach them and ask if they would be willing to provide a statement. Witness testimonies can be incredibly valuable in corroborating your account of the incident. Encourage them to provide their contact information, as well. This will make it easier for your attorney to contact them if necessary. Notify the property owner In the event of a slip-and-fall incident in your apartment building, it is advisable to promptly inform your landlord in writing, furnishing a comprehensive account of the circumstances. If you fall in a store, notify the operator or owner of the store. Keep a record of any communications regarding the incident, such as emails or text messages. Timely reporting is essential for establishing negligence. Consult an attorney After taking these initial steps, it’s highly advisable to consult a qualified slip-and-fall attorney in Houston. An experienced attorney will guide you through the legal process, ensuring that your rights are protected and that you have the best chance of securing the compensation you deserve. Your attorney will review the evidence you’ve collected, help you understand your legal rights, and advise you on the next steps in pursuing a claim. They will also handle communication with insurance companies and, if necessary, represent you in court.
  • 7. Remember, the actions you take immediately after a slip-and-fall accident can significantly impact the outcome of your case. By following these steps, you are setting yourself up for the best chance of a successful legal resolution. Slip-and-fall statistics  The U.S. Centers for Disease Control (CDC) reports that more than 8 million individuals get injured every year due to slip-and-fall accidents throughout the United States. Of these, more than 800,000 people require medical attention.  Slip-and-fall accidents are the most common workplace injury in the United States.  Unintentional injuries due to falls are the second leading cause of accidental deaths in the country.  According to the 2020 Texas Department of Insurance Census, 71 out of 469 occupational fatalities in Texas that year were caused due to slips, trips, and falls. Slip-and-fall accident law in Houston In Houston, property owners are held responsible for a slip-and-fall incident only if they were aware of the hazard and failed to take reasonable steps to address it. For instance, if the owner knew about a puddle of water but neglected to clean it up or alert customers, they could be liable for any injuries resulting from mishaps. According to Texas law, property owners are required to exercise reasonable care in maintaining their property for all visitors, with the level of care depending on the visitor’s status, namely invitee, licensee, or trespasser.  Invitees are individuals who have been given explicit or implicit permission to enter a property for a business purpose. If you are in a restaurant, hotel, or store as a customer, then you are an invitee. Tenants are also invitees vís-a-vís their landlord. Property owners in Texas have a duty to ensure an invitee’s safety. If owners or operators are aware of a
  • 8. dangerous condition but do not take action to rectify it or notify people, they can be held liable for any injuries to an invitee caused by that condition. Business owners also have a duty to inspect their property to learn of any dangerous conditions.  Licensees are social guests and certain other parties who have the landowner’s permission to enter for their own purposes. Licensees include parties who are on your premises with your permission to conduct work, e.g., a repairman or someone delivering food. The landowner or occupier owes licensees only a duty to warn of any harmful conditions that would not be obvious to the licensee and that pose an undue risk of injury, provided the landowner is aware of such conditions. Owners have no duty to inspect the premises to ensure the safety of licensees.  Trespassers enter a property without permission. Generally, landowners are not obligated to safeguard trespassers except to ensure they are not intentionally harmed and to not act with gross negligence. However, if a landowner knows a trespasser has entered their property, they have a duty to warn of hazards on the property. How do you prove negligence in a slip-and-fall case? To seek compensation for injuries resulting from a slip-and-fall incident on a property due to the owner’s negligence, it’s essential to establish the owner’s/operator’s liability. This involves following several key steps: Step 1. Demonstrate grounds for duty of care Under Texas premises liability law, as summarized above, the duty of care owed by a property owner differs depending on whether a person on their property is classified as an invitee, a licensee, or a trespasser. Invitees are entitled to the highest degree of care. Licensees and trespassers are owed a lesser standard of care. This duty extends to areas that visitors can reasonably be expected to access.
  • 9. Collect lease agreements, building codes, and company policy documents to prove that the landlord, owner, leaseholder, employer, or operator was responsible for ensuring safety. Step 2. Prove breach of duty Once duty is established, the next step is to demonstrate that the property owner breached their duty of care. Investigate instances when the owner failed to uphold their duty. This may include gathering maintenance records and photographic evidence highlighting neglect, such as broken stairs. Preserve documents showing that the owner failed to take necessary precautions, failed to post warning signs, or neglected their responsibility to maintain a safe environment. For example, keep letters, emails, or texts showing that you or someone else notified the property owner about a hazard and any follow-up communication or photographs demonstrating that the owner failed to take appropriate action to rectify the hazard. Or use surveillance footage or testimonies from other tenants to demonstrate that the property owner should have been aware of the hazardous condition. Step 3. Establish links for causation Use witness statements, expert testimonies, and other evidence to directly link the property owner’s negligence to your injury. Causation involves proving that the breach of duty directly caused the slip-and-fall incident and resulting injuries. It must be shown that if the property owner had fulfilled their duty of care, the accident would not have occurred. This can sometimes be complex, as it requires establishing a clear link between the property owner’s negligence and the victim’s injuries.
  • 10. For instance, if a neglected leaky roof caused a slippery floor leading to your fall, the chain of events should be established. Step 4. Document injuries and damages It’s crucial to demonstrate the actual damages or injuries suffered by the victim as a direct result of the slip-and-fall incident. Comprehensive medical records, injury photographs, therapy bills, and expert medical opinions must be compiled. Lost wages and other financial consequences arising from your injuries can be presented. Consulting with a skilled attorney experienced in slip-and-fall cases can help navigate legal complexities and ensure that each element of negligence is adequately addressed in building a strong case. How long do I have to file a slip-and-fall accident lawsuit in Houston? If you have suffered injuries in a slip-and-fall accident in Houston, you may be eligible for compensation covering medical expenses, lost wages, and pain and suffering. It’s important to note that the statute of limitations for slip-and-fall claims in Texas is two years from the date of the accident. This means you have a two-year window to file a claim after the incident occurs. How much can you expect to recover in damages for a slip-and-fall accident in Houston? Determining the settlement in slip-and-fall cases can be complex as various factors come into play. In Texas, settlements in such cases vary widely, with amounts ranging from $15,000 to as high as $850,000.
  • 11. Each case is distinct, and the compensation you receive hinges on numerous elements, including the severity of your injuries, how they affect your everyday life, and the level of negligence displayed by the property owner. Damages to claim for a slip-and-fall accident Economic damages Medical expenses  This category covers the costs associated with medical care and treatment following the injury. It encompasses expenses like ambulance fees, emergency room charges, hospitalizations, surgeries, physician bills, diagnostic tests (such as lab tests, X-rays, CT scans, and magnetic resonance imaging), therapy sessions (physical, occupational, vocational, etc.), as well as expenses for medications and medical supplies.  It’s crucial to retain detailed records of all medical costs and expenses incurred. Any reasonable and necessary medical expenses can be included in a personal injury case. Loss of income If the injuries in the accident prevent you from working, you are entitled to compensation for your loss of income. This can encompass wages, salaries, benefits, commissions, bonuses, and potential decreases in earning potential. It may also include other forms of compensation or opportunities lost due to the injury. Thorough documentation of these losses enhances the likelihood of receiving full compensation for economic damages. Other out-of-pocket expenses  Depending on the specific circumstances of the case, additional economic losses may be included in a claim for damages. These may involve travel costs to and from medical
  • 12. appointments, in-home health care or personal care, long-term medical or personal care, modifications to your home or vehicle necessitated by a disability or impairment, and assistance with household chores.  Keep meticulous records of bills, invoices, receipts, and proof of payment for these economic losses. Your lawyer will help determine which of these expenses can be included in a settlement demand. Noneconomic damages Pain and suffering  Noneconomic damages, often referred to as “pain and suffering,” pertain to compensation for the physical and emotional distress resulting from the accident and subsequent injuries. This includes compensation for: o Physical pain and suffering o Disabilities and permanent impairments o Scarring and disfigurement o Emotional distress and mental anguish o Psychological injuries, such as post-traumatic stress disorder, anxiety, and depression o Loss of consortium claimed by spouse or parents  If injuries lead to a significant reduction in your quality of life, such as the inability to engage in hobbies or activities you previously enjoyed, you can seek compensation for this loss.
  • 13.  Calculating the value of pain and suffering damages is complex, and a standard formula does not exist. Various factors, including the severity and permanence of the injuries, influence assessment.  Maintaining a journal detailing daily pain levels and the impact of the injury on daily life can assist your personal injury lawyer in maximizing pain and suffering damages.  Punitive damages  Punitive damages are a relatively uncommon category of damages in personal injury cases. They are intended to serve as a punitive measure for cases involving gross negligence, intentional egregious acts, or actions demonstrating a willful disregard for human safety. How can a slip-and-fall accident lawyer help with your case? A slip-and-fall accident lawyer in Houston is crucial to secure the compensation you rightfully deserve. They can help you establish liability, diligently gathering evidence to demonstrate the property owner’s negligence. Your lawyer evaluates your case carefully. They assess the extent of your injuries, the impact of those injuries on your daily life, and the level of negligence exhibited by the property owner. This evaluation determines the strength of your claim and the potential types of compensation available. With a solid foundation, the lawyer takes charge of negotiations with the property owner and their insurance provider. Your attorney’s expertise in these discussions ensures you’re not left at a disadvantage.
  • 14. Additionally, if needed, your lawyer can tap into their network of experts to further establish the value of your case, providing critical insights into the extent of your injuries and the lasting effects on your life. Slip-and-fall accident claim filing costs Small claims court: For slip-and-fall cases with minor injuries and associated expenses, small claims court is a common avenue for resolution. In this scenario, hiring a lawyer may not be necessary, though it remains an option. The maximum claim in Texas is $20,000 for small claims. Filing fees typically range from $20 to $320; however, if your case is successful, these costs can often be reimbursed. Severe injury cases: In instances involving severe injuries, seeking legal representation is imperative. Most personal injury lawyers work on a contingency basis, meaning there are no upfront costs. Instead, the lawyer’s fees are calculated as a percentage of the settlement amount and are collected once you have won the case. These fees generally range from 25% to 35% of the settlement amount. Additional expenses: In addition to attorney fees, other costs associated with pursuing a slip- and-fall case include copies and postage, court filing fees, expert witness fees, deposition and travel costs, and trial preparation expenses. Although your lawyer may request payment for these as they arise, they are typically billed once your case is settled. Your contingency fee agreement should state whether the lawyer or client covers these expenses. It’s crucial to clarify with your lawyer which expenses, if any, you will need to pay for upfront and which, if any, you will need to cover out of pocket in the event you lose at trial or are unable to settle your case. For simple cases, these costs typically range from $800 to $4,400, but they could increase based on the complexity and extent of work required.
  • 15. Conclusion Accidents involving slips and falls can have detrimental effects on one's health as well as finances. However, victims can pursue the compensation they are entitled to with the help and advice of knowledgeable slip and fall accident lawyers. We at The Texas Attorney are dedicated to fighting for our clients' rights and are aware of the difficulties involved in these matters. In order to guarantee that justice is done, our staff works hard to give individualized attention and conscientious representation. Do not hesitate to get in touch with us for a free consultation if you or a loved one has suffered injuries in a slip and fall accident. Our goal is to assist you in obtaining the best possible result for your case and navigating the legal system. FAQs 1) What is a slip-and-fall injury? A slip-and-fall injury is when someone loses their footing and sustains an injury, often due to hazardous conditions on a property. 2) Who is liable in a slip-and-fall injury? Property owner liability in Texas varies depending on the status of the visitor. For business invitees–including customers in hotels, shops, and restaurants—liability arises if the property owner knew or should have known of the hazard that caused injury and failed to take reasonable steps to remove or warn of it. However, if the injured party is a social guest in someone’s home, or a worker in the home (like a repairman or food delivery driver), the owner would be liable only if (i) they actually knew of the dangerous condition that caused the injury, (ii) the condition was not obvious, and
  • 16. (iii) the owner failed to warn about the condition. Property owners are liable to trespassers only if they are injured intentionally or by gross negligence. 3) What to do after a slip-and-fall accident? After a slip-and-fall accident in Houston, it's crucial to seek immediate medical attention, document the conditions, obtain witness statements, and preserve any physical evidence related to the accident. 4) How long do I have to file a slip-and-fall injury lawsuit? In Texas, the statute of limitations for slip-and-fall claims is two years from the accident, providing a two-year window to file a claim. 5) How do you prove your slip-and-fall was due to the property owner's negligence? Proving negligence requires you to demonstrate that the owner had a duty of care (which will differ depending on your status as an invitee or licensee); that the owner breached their duty; that their breach caused an accident; and that you suffered injuries and other damages as a result of the accident. 6) What are common causes of slip-and-fall accident injuries? Slip-and-fall accident injuries can result from wet floors, loose floorboards, loose or bulging carpeting, loose mats or rugs, spillage of food or liquids, potholes or cracks, uneven flooring or sidewalks, exposed wiring, or other hazards. Adverse outdoor conditions, such as heavy rain, ice, or snowfall, can also contribute to a slip-and-fall injury.
  • 17. 7) How much does a slip-and-fall injury claim cost to pursue? Most personal injury lawyers work on a contingency basis, meaning there are no upfront costs. Their fees, usually 25% to 35% of the settlement, are collected only upon winning the case. (Claims for less severe injuries can be pursued in small claims court, where you may not need to hire a lawyer.) Additional costs include litigation expenses and expert fees. These costs are typically billed upon settlement. For straightforward cases, these costs range from $800 to $4,400 but can be higher depending on the complexity of your case. Contingency fee agreements should specify whether the lawyer or client covers these expenses in the event the case loses at trial or fails to settle. 8) How can a slip-and-fall injury lawyer help with your case? A slip-and-fall injury lawyer can help by determining which party is liable, evaluating the strength of your case, handling settlement negotiations, working with experts to determine the case's value, and presenting your case in court. 9) What damages can be claimed in a slip-and-fall accident case? Damages that can be claimed in a slip-and-fall accident case include economic damages (medical expenses, loss of income, other out-of-pocket expenses) and non-economic damages (pain and suffering, loss of enjoyment of life), as well as possibly punitive damages in cases of gross negligence.