Houston Slip & Fall Attorney
Most premise liability cases are due to slip and fall, or trip and fall accidents. in these cases, an individual either slips or trips onto the ground because of an unwarranted substance. This substance can be food, oil, water, an uneven surface, or a loose rug. Slip and fall accidents can occur anywhere including a restaurant, store, or even a public sidewalk.
Slip and fall, or trip and fall, accidents can result in serious injury, contact an experienced Houston slip & fall attorney as soon as possible. Common slip and fall injuries include broken or fractured bones, injury to the head, brain, back, shoulder, hips, spine, and other serious conditions.
Certain hazards make walking dangerous. These hazards can cause a person to slip or trip and suffer a serious injury. Some victims end up falling backwards and are unable to brace themselves for impact. They suffer a serious head injury as a result.
Hazards can include:
- Spilled liquids
- Snow or ice
- Power cords
- Buckled floorboards
- Torn carpets
Once you fall, you should seek immediate medical attention. But also try to remember to take a picture of the hazard. For example, a store might quickly sweep up the trash on the floor after you fall and then deny it even existed. You need proof.
Who is Responsible?
It is the responsibility of each and every property owner to maintain their property in a safe condition to eliminate all chances of slip and fall accidents.
It is the duty of municipalities, or a group or individual appointed to manage the property, to maintain all sidewalks and streets in your area. if there is no sign of protruding or harmful objects, a reasonable person would not feel the need to continuously scan the sidewalk or street for an unexpected hazard. if a potential hazard is not vividly acknowledged, an individual is in great risk of injury.
It is also the property owner’s responsibility to provide all guests, visitors, or patrons with proper lighting. Without proper lighting, an individual may not be able to identify potential slip or trip accidents. in various settings, an individual must be provided with proper handrails.
The responsible party for the accident is generally the party that was negligent. In many slip and fall accidents, property owner’s do not upkeep their property and are careless in eliminating possible slip and fall risks.
File for a Slip and Fall Accident in Houston, TX
Slip and fall injuries are hard to prove, but with the consultation of experienced slip and fall accident attorney in Houston, Texas, Sue E. West, it is possible. First, there should be established liability. the property owner must acknowledge, or fail to acknowledge, that their property served as an unsafe environment that resulted in an individual’s personal injury. Disagreement arises when parties do not act as a “reasonable person.” if a reasonable, or neutral, individual would have not considered a light too dim, or a hazard not harmful, then the owner of the property is not considered to have a dangerous property.
Second, the individual must have suffered from a real and lasting injury. If you have been injured from a slip and fall accident, go to the hospital immediately. It is crucial to your case to report the accident.
Lastly, the injuries incurred by the individual must have resulted from the slip and fall accident. Frequently, an individual’s medical history will be taken into consideration when determining the degree of injury. a person suffering from back pain may be experiencing the pain for other reasons than the trip and fall accident.
Children can suffer horrifying injuries in a slip and fall. Texas law protects child victims, so they can sue in many cases even if they were trespassing on the property when they were injured. For example, your swimming pool or hot tub could have drawn a child onto the property. If the child slips and is hurt, you can be sued—even though the child was technically not allowed on the property.
The West Law Office has worked with many families whose children are hurt in accidents. We know how to bring these claims. The law regarding child victims is very different from the law for adults. You need an experienced attorney who can help protect your child’s rights and your family’s finances.
Why Victims Do Not Receive Full Compensation
Slip and falls cause lasting injuries. Many of our clients are struggling with head injuries, brain damage, and back injuries. Some cannot work because they cannot sit or stand for any length of time. Others have impaired memories or difficulty with speaking. These are expensive accidents.
Unfortunately, our clients sometimes fail to get the compensation they deserve. There are some common reasons.
One, they might fail to gather necessary evidence to prove fault. For example, you should get a picture of the hazard or identify witnesses who can testify that it existed. This evidence strengthens your hand in negotiations.
Two, some victims don’t properly treat their injuries. You should go to the hospital soon after the accident. If you delay, a defendant will claim you are partially to blame for your pain. And if you try to self-diagnose, then you might end up with very little compensation.
Three, the defendant might claim you were negligent yourself. Texas recognizes comparative negligence, which is called “proportionate responsibility” in Texas. You can’t sue if you are more than 50% to blame. If less, your compensation is reduced. Many victims are negligent because they were distracted by their phone while walking or they ignored cones or signs warning them of dangerous conditions. In some cases, they are barred from receiving any compensation because they are more to blame than the property owner.
Contact Our Houston Slip & Fall Attorney
If you or a loved one has suffered from a slip and fall accident in Houston or Katy, contact Houston slip & fall attorney Sue E. West today. You have a short amount of time to file your lawsuit in court. Any delay can send you over the deadline, which means you will lose the ability to receive compensation.