According to the National Floor Safety Institute, 55% of all slip and fall accidents are caused by hazardous walking surfaces. Property owners in Texas are responsible for keeping their land, homes, stores, restaurants, and other properties reasonably safe for guests, tenants, and visitors to use. Can they be held liable for a sidewalk slip and fall accident?
Falls on sidewalks are often caused by cracks in the sidewalk, uneven pavement, inclement weather conditions which have made the sidewalk hazardous, and even the failure to construct the sidewalk in a slip-resistant manner. Other causes of slip and fall accidents are the result of:
- Broken sidewalks
- Raised or uneven sidewalk flags
- Objects or debris left on the sidewalk
- Dangerously sloped sidewalks
- Holes or cracks in sidewalks
- The roots of trees, which can make the sidewalk surface uneven or cracked
- Ice or snow of sidewalks
Negligence is often the root cause of any slip and fall accident. If this is the case, accident victims may be able to pursue financial compensation against the person responsible for their injuries. Attorney Dale R. Rose has years of experience handling all manner of personal injury cases. Dale is a passionate and fierce advocate for accident victims and will pursue all avenues to reach a favorable outcome.
Common Types of Slip and Fall Injuries
When a sidewalk is unmaintained, it poses a significant threat to the neighborhood residents and any passing pedestrians as well. If a walkway is damaged or slippery due to the weather, it can cause a slip and fall accident resulting in injuries, such as:
- Bruises, cuts, or lacerations
- Strained muscles or severe sprains
- Broken or fractured bones
- Concussion or traumatic brain injury
- Wrongful death
People who suffer severe injuries after slipping and falling on a sidewalk face significant economic hardships. They are forced to miss work for an extended period or permanently and spend hundreds of thousands of dollars on medical bills. An experienced personal injury lawyer can ensure you are compensated for any lost wages, medical expenses, and pain and suffering you had to endure due to the accident.
What Should You Do After a Slip and Fall Accident?
Here are a few steps that you should take after the events of your slip and fall accident:
- Get medical attention. It’s essential to procure medical attention and obtain, in writing, a experienced personal injury lawyer initially caused by the fall.
- Document how and when the injury occured while the incident is still fresh.
- Identify any witnesses. Write down the name, addresses, and phone number of anyone in the area where the accident occurred. Focus on both those who saw you fall, and others who were there after the accident. You may need them as witnesses in your injury case.
- File an accident report. File a slip and fall accident report or notify a manager if the accident occurred in a store or place of business. Ask for a copy of the report.
- Take pictures of the accident scene. It is nearly impossible to pursue a slip and fall case without having photos of what caused you to fall.
Most accident victims mistakenly put their trust in the insurance company to help cover the costs of their injuries. Insurance representatives are trained to talk to unsuspecting accident victims and gather evidence to allow them to deny claims. Be cautious when talking to any insurance representative. It is best to speak with an attorney first before speaking to the insurance company. Never give a “recorded statement.” Contact a personal injury lawyer experienced in premises accidents in Texas.
Understanding Liability after a Texas Slip and Fall
Property owners can be held liable if you slip and fall on their premises, including parking lots, garages, sidewalks, escalators, and stairs. Just because you suffered a fall due to a neglected sidewalk doesn’t guarantee you will successfully bring a lawsuit against the responsible parties. According to Texas law, the accident victim must prove that the person or organization responsible for the sidewalk should have known or already knew about the hazards posed by the sidewalk.
To successfully win a slip and fall personal injury case, you must at least prove:
- The defendant is liable because they had a duty of care and was negligent in performing their duty of care.
- The defendant was negligent because they breached that duty, and the plaintiff was harmed.
- Responsibility or fault: Breach of duty, or negligence on the defendant’s part, was a significant factor in causing the plaintiff’s injuries.
If you slip, fall, and are injured in someone’s backyard, you might have a case for seeking compensation from the property owner or homeowner. In cases like these, the investigation alone that is required to prove the responsible party’s liability is enormous. You need an experienced McKinney personal injury lawyer by your side.
Speak to a Knowledgeable McKinney Personal Injury Lawyer Today
At Dale R. Rose, we will handle all legal aspects of your case, secure evidence, and communicate with the insurance company. We can help you bridge the gap between medical costs, lost wages, and injury settlement. Dale R. Rose has over 26 years of experience representing people who have been injured. He will aggressively pursue maximum compensation for you while compassionately helping you manage the hardships of injury.
Dale R. Rose will help you make informed decisions and always be attentive to your legal needs while securing the compensation you deserve. He handles all personal injury cases on a contingency fee basis, which means you pay no attorneys’ fees unless he achieves a favorable outcome in your case.
Call us at (927) 737-1333 or contact us to schedule a no-cost, no-obligation consultation today!