Waco Slip & Fall Attorney
Texas property owners have a legal responsibility to maintain safe premises for visitors. When they fail to do so, and you suffer an injury, you have the right to seek compensation for your harm. If you or a loved one has experienced a slip and fall due to a property owner’s negligence, arrange a free consultation to discuss your legal options with our skilled Waco slip and fall lawyer today.
Why Choose Us?
At Craft Law Firm, clients are welcomed as part of our extended family, during and after their cases.
- We have secured life-changing results for our clients, totaling hundreds of millions in compensation.
- We are committed to guiding you through the challenges of your new normal, offering unwavering support every step of the way.
- We have been recognized as a U.S. News and World Report Tier One Best Law Firm for four consecutive years, underscoring our reputation as a leading force in personal injury litigation.
How a Slip and Fall Lawyer Can Help
Given the complexities of slip and fall cases, having legal representation is highly beneficial. A Waco slip and fall attorney can guide you through the process, including:
- Case Evaluation: An attorney can assess the strength of your case, estimate its potential value, and advise you on the best course of action.
- Evidence Collection: Attorneys have the resources to conduct thorough investigations, including obtaining surveillance footage, interviewing witnesses, and working with experts to reconstruct the accident scene.
- Negotiations: Experienced attorneys know the tactics insurance companies use and can negotiate effectively on your behalf to secure a fair settlement.
- Litigation: If your case goes to court, an attorney will represent you, presenting evidence and arguments to persuade the judge or jury in your favor.
When selecting an attorney, consider their experience, reputation, and success rate with slip and fall cases. Many personal injury attorneys, including Craft Law Firm, work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement can make skilled legal representation more accessible.
Common Causes of Slip and Fall Accidents
A slip and fall accident refers to an event where a person loses their footing, resulting in a fall. These incidents happen for various reasons but are commonly due to the following:
Wet or Slippery Surfaces
Spills, recently mopped floors, or wet weather conditions can make surfaces hazardous. For instance, a grocery store where a liquid is spilled but not promptly cleaned up can become a danger zone for customers.
Uneven Flooring
Cracked sidewalks, potholes, or abrupt changes in flooring levels.
Poor Lighting
Insufficient lighting in hallways, staircases, or parking lots can make it difficult to see obstacles.
Obstructions
Items left in walkways, such as boxes, wires, or other debris.
Inadequate Maintenance
Failure to repair broken stairs, railings, loose floorboards, etc.
Common Injuries Resulting from Slip and Fall Accidents
Slip and fall accidents can cause a wide range of injuries, some of which may have long-lasting effects. The severity of these injuries can vary depending on factors such as the height of the fall, the surface the individual falls onto, and the person’s overall health.
Typical Injuries Include:
- Fractures and Broken Bones: Falling on a hard surface can result in broken bones, particularly in the wrists, arms, hips, and ankles.
- Head Injuries: Falls can cause traumatic brain injuries (TBIs), which range from mild concussions to severe brain damage.
- Spinal Cord Injuries: A fall can lead to serious spinal injuries, including herniated discs, paralysis, or chronic back pain.
- Soft Tissue Injuries: Sprains, strains, and torn ligaments are common in slip and fall accidents, particularly in the knees and shoulders.
- Emotional and Psychological Impact: Beyond physical injuries, victims may experience anxiety, depression, or PTSD, particularly if the accident is severe.
Some injuries can have delayed symptoms. As a result, seeking medical care as soon as possible after a slip and fall is highly recommended, regardless of whether you have any apparent injuries. That way there is documentation on the incident in case symptoms emerge.
Proving a Slip and Fall Claim
In Texas, slip and fall accidents fall under the broader category of premises liability law, which holds property owners and occupiers responsible for maintaining their premises in a reasonably safe condition. Below are the key aspects of Texas laws relevant to slip and fall cases:
Duty of Care
Texas law requires property owners and occupiers to exercise reasonable care to prevent injuries to individuals who are legally on their premises. The extent of the duty of care owed to an individual depends on their status as a visitor: invitee, licensee, or trespasser.
- Invitee: A person who enters the property for the mutual benefit of both parties (e.g., a customer in a store). The property owner owes the highest duty of care to invitees, meaning they must inspect the property regularly and either fix or warn of any dangerous conditions.
- Licensee: A person who enters the property for their own purposes with the owner’s permission (e.g., a social guest). Property owners must warn licensees of known hazards that are not obvious.
- Trespasser: A person who enters the property without permission. Generally, property owners owe no duty of care to trespassers, except in certain situations, such as if the trespasser is a child or if the property owner engages in willful or wanton conduct.
To succeed in a slip and fall claim, the injured party must prove that the property owner or occupier was negligent. This requires showing that:
- The property owner knew or should have known about a dangerous condition.
- The property owner failed to repair, remove, or warn of the hazard within a reasonable time.
- The dangerous condition caused the injury.
Slip and Fall Laws in Texas
Comparative Fault
Texas follows a modified comparative fault system, which means that if the injured party is partially to blame for their slip and fall, their compensation may be reduced by their percentage of fault. For example, if you are awarded $100,000 and found 30% at fault for your slip and fall, you will receive 70% of the award or $70,000.
However, Tex. Civ. Prac. & Rem. Code Sec. 33.001 also states that:
“In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
This means if the injured party is found 51% at fault or more, they cannot recover any compensation.
Statute of Limitations
Texas imposes a strict deadline (statute of limitations) of two years within which you can file a slip and fall lawsuit. Tex. Civ. Prac. & Rem. Code section 16.003 states that:
“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit…not later than two years after the day the cause of action accrues.”
There are few exceptions, and if you miss this deadline you will likely lose your right to recover compensation.
Steps to Take After a Slip and Fall Accident
By following these steps, you can help protect your health and strengthen your legal position after a slip and fall accident:
Seek Medical Attention
Even if you feel fine initially, get checked out by a medical professional. Detailed medical records will be essential if you decide to file a claim.
Report the Incident
Notify the property owner or manager about the accident. If it occurs in a commercial establishment, make sure the incident is documented in a formal accident report.
Gather Evidence
Take photos of the exact location where you fell, focusing on any hazards like wet floors, uneven surfaces, or poor lighting that contributed to the fall. Try to capture these images before the condition is altered or cleaned up. If anyone saw the accident, collect their contact information. Witness statements can be valuable in proving the conditions that led to your fall.
Preserve Clothing and Footwear
The shoes and clothing you were wearing during the accident can be crucial evidence, especially if the property owner claims your attire contributed to the fall.
Keep Records
Document your medical treatments, lost wages, other expenses, and any communications with the property owner or their insurance company.
Avoid Giving Statements
Do not provide a recorded statement or sign any documents from the property owner’s insurance company without consulting an attorney. Anything you say could be used against you in a claim.
Avoid Social Media
Be cautious about what you post on social media. Even innocent posts can be misconstrued and used to challenge your claim.
Contact a Slip and Fall Attorney
Slip and fall cases can be complex, especially when proving negligence. A Waco alip and fall attorney can help you understand your rights, evaluate the strength of your case, and advise you on the best course of action. A lawyer will handle negotiations with insurance companies and represent your interests in court if necessary, helping you seek fair compensation for your injuries. Start by scheduling a free consultation.
Follow Medical Advice
Adhere to the treatment plans and recommendations provided by your healthcare providers. Failing to do so can jeopardize your recovery and also weaken your legal claim.
File a Claim
Your attorney can help you file a claim against the property owner’s insurance policy. If the insurer’s settlement offer is insufficient, your attorney may advise filing a lawsuit.
Frequently Asked Questions
Q: How do I know if I have a valid slip and fall claim?
A: To have a valid slip and fall claim, you need to prove that the property owner or occupier was negligent. This generally means showing that they knew or should have known about a hazardous condition, failed to fix it or provide adequate warning, and that this negligence directly caused your injuries. Additionally, you must have been lawfully on the property when the accident occurred.
Q: What if the property owner claims they weren’t aware of the hazard?
A: To hold a property owner liable, it’s not always necessary to prove they had actual knowledge of the hazard. You can also establish liability by showing that the hazard existed for such a length of time that the owner should have known about it (constructive knowledge) and failed to take action to correct it.
Q: What types of compensation can I recover from a slip and fall claim?
A: In a slip and fall case, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other related damages. In some cases, punitive damages may also be awarded if the property owner’s negligence was particularly egregious.
Q: How long does it take to settle a slip and fall claim?
A: The timeline for settling a slip and fall claim can vary widely depending on the complexity of the case, the severity of your injuries, and whether the case goes to trial. Cases that settle without litigation might be resolved in a few months, while those that go to court could take a year or more. Working with an experienced attorney can help expedite the process.
Q: Do I need an attorney for a slip and fall claim?
A: While it’s possible to handle a claim on your own, hiring an experienced Waco Slip and Fall Attorney can significantly improve your chances of receiving fair compensation. In addition, having a lawyer represent you increases the likelihood that an insurance company will take your claim seriously.
Q: How much does a Waco slip and fall lawyer cost?
A: Most slip and fall lawyers, including those in Waco, work on a contingency fee basis. This means you don’t pay any upfront fees; instead, the lawyer’s payment is a percentage of the settlement or award you receive. Typically, this percentage ranges from 25% to 40%, depending on the complexity of the case and whether it goes to trial. If the lawyer does not win your case, you generally do not owe any legal fees.
Q: What if I slip and fall on government property?
A: Slip and fall claims against government entities, such as cities or states, have unique rules and shorter deadlines. In Texas, you typically have to file a formal notice of your claim with the government entity within six months of the fall. The process can be more complicated, so it’s important to consult an attorney as soon as possible.
Contact Us Today
If you or a loved one has been injured in a slip and fall accident in Waco due to unsafe conditions on someone else’s property, don’t hesitate to contact Craft Law Firm. Our Waco Slip and Fall Lawyer will fight for justice on your behalf. Schedule a free consultation today by calling (713) 225-0500 or sending us a message online.