You probably never thought you’d need help from Dallas slip and fall lawyers. However, falls are more common than you may think and they are no laughing matter. The National Floor Safety Institute estimates that falls result in more than 8 million visits to emergency rooms in the country annually. Some falls occur at homes while others take place in the workplace or at another business place.
People fall for a variety of reasons but slip and fall accidents are common. Regardless of how or where the accident happened, individuals can sustain serious injuries. These injuries can lead to high medical bills and a long recovery period that makes work impossible. Victims often suffer physical, mental, and financial difficulties in the ensuing days and weeks.
If you slip and fall on someone else’s property, you may be entitled to compensation. However, not every fall meets the criteria for a personal injury claim or lawsuit. You will need to prove that:
- The property owner knew or should have known about the hazard that caused you to fall
- They failed to remove the hazard or warn you about it
If these two conditions are met, you may have grounds to file a personal injury claim. These cases can be complex, so you’ll need to work closely with an attorney to get the compensation you deserve.
Responsibilities of Dallas Property Owners
Property owners have a duty to ensure that their premises are safe. If they fail to do so, they can be held liable for any injuries that result. Generally, property owners should take reasonable steps to ensure that any dangerous situations are addressed. If they can’t immediately fix the problem, they should cordon off the area and/or erect a sign warning people about the danger. That being said, the property owner’s responsibilities can vary somewhat depending on the visitor’s status on the property. Visitors can be invitees, licensees or trespassers.
In Texas, invitees are people who are on the premises with the expressed or implied knowledge of the owner. They are there for the mutual benefit of both parties. If you were an invitee, the property owner owes you the highest duty of care. If they know about a dangerous condition, or should have known about it, they should fix it or warn you. If you were dining at a restaurant, you would be considered an invitee. You would also fall into this category if you work as a meter reader and you were injured at someone’s home.
Licensees also have consent to enter a property, but they are there for their own benefit. Social guests and salespeople often fall into this category. The owner has a duty to warn about any dangers that the licensee would not be aware of. Alternatively, they can fix the problem.
Meanwhile, a trespasser is an individual who enters a property without the consent of the owner or the legal right. The only duty a property owner has toward a trespasser is to not cause them injury wantonly, willfully or through gross negligence. If you were trespassing and you slipped and fell on a wet floor, you may not be entitled to compensation.
Common Reasons Why People Slip and Fall
Several things can cause slip and fall injuries. These include:
- Broken tiles
- Loose carpets
- Poor lighting
- Wet or newly polished floors
- Broken or missing handrails
- Stairs that are falling into disrepair
Common Injuries that Dallas Slip and Fall Lawyers Encounter
People who slip and fall can suffer a wide range of injuries including cuts and bruises, soft tissue damage, and broken bones. Often, victims recover and they’re able to resume normal activities in a relatively short time. Unfortunately, some injuries are much more serious ,and they can result in significant losses.
Spinal Cord Injuries
These can lead to paralysis, chronic pain, loss of bladder or bowel control, difficulty swallowing, and other secondary health issues. Spinal cord injuries can affect a victim’s quality of life permanently and prevent them from being able to work. If you suffer such a serious injury, you need to work with Dallas slip and fall lawyers to get the compensation you deserve. Recovering damages will allow you to pay your medical bills and cover your other accident-related losses.
Traumatic Brain Injuries
Brain injuries can also change an individual’s life considerably. A traumatic brain injury occurs when something suddenly hits or pierces the brain. These injuries can range from mild to severe. Sometimes they only result in a temporary loss of consciousness. However, more serious TBIs can result in seizures, recurring headaches, slurred speech, and even comas. People who suffer severe TBIs often need surgery. Some lose the ability to function on their own.
What to Do If You Suffer A Slip and Fall Injury
Dallas slip and fall lawyers do everything they can to help clients recover fair compensation. However, we won’t be there immediately after you fall so you need to know the steps to take. Regardless of where the accident occurs, you need to document it as best you can.
This includes taking photos of the scene and writing down everything you can remember at the first opportunity. You also need to make sure you file a report with the property owner or manager before you leave the scene and get a copy for your records.
Another crucial step is seeking medical attention. You may feel well enough to get up and carry on with your day ,but this isn’t a good idea. Some serious injuries, including traumatic brain injuries, don’t present symptoms until later. You may not be aware that anything is wrong but if you go to the doctor, they may be able to diagnose the problem. Not only does seeking prompt medical attention protect your health but it protects your right to claim compensation. If you wait too long to seek medical attention, the insurance company may challenge your claim.
After you see the doctor, you need to get in touch with competent, experienced Dallas slip and fall lawyers. You can be almost certain that the property owner and their insurer will try to shift most or all of the blame on you. If they can prove that you were a trespasser or you weren’t paying attention to where you were going, they may get out of paying you. In Dallas and elsewhere in Texas, you can only claim compensation if you were less than 50 percent at fault for your injuries. Your attorney will, therefore, seek to minimize your share of fault.
Contact the Attorneys at TorkLaw Today
Sound legal representation can make all the difference in a slip and fall claim. As soon as you can, reach out to our team and schedule a free consultation. We’ll evaluate your accident and give you our expert legal opinion. If you have a case, we’ll fight hard for you to recover full and fair compensation for medical expenses, lost wages, and other damages.