A fall can happen instantly, but the consequences can last a long time. If a property owner's carelessness caused your fall on their premises, you might have the right to seek payment for your harm. A dedicated Texas slip and fall accident lawyer can guide you through the process.
Call DFW Injury Lawyers today at (972) 440-2320 for a free case evaluation.
Why Choose DFW Injury Lawyers for Your Texas Slip and Fall Case?
Choosing the right legal team after an injury is a big decision. You need advocates who understand Texas premises liability law and will focus on your needs.
DFW Injury Lawyers brings local knowledge and a commitment to every client we serve. We fight for people hurt in falls across the state of Texas.
Dedicated to Texas
Our team's understanding of the Texas legal landscape allows us to build strong cases for individuals injured in falls across the state.
Whether you live in Dallas, Fort Worth, Lubbock, Beaumont, or any other Texas community, you need a slip and fall lawyer who understands the nuances of our state's laws.
Experience Handling Complex Texas Slip and Fall Cases
Slip and fall accidents fall under an area of law called premises liability. These cases require showing the property owner was negligent, meaning they failed to keep their property reasonably safe.
Our attorneys have handled numerous Texas slip and fall claims involving different hazards and injuries. We know how to investigate, find evidence, and present a clear argument for why the property owner is responsible.
Client-Centered Approach
Your well-being is our priority. We know you're likely dealing with injuries and uncertainty, so we handle the legal stress for you.
Our team communicates clearly, answers your questions promptly, and keeps you informed about your case progress. As your premises liability attorney in Texas, we focus on securing the compensation you need to move forward.
Let DFW Injury Lawyers put our local knowledge and commitment to work for you. Contact us for a free consultation about your Texas slip and fall accident case by calling (972) 440-2320 today.
Understanding Texas Premises Liability Law
Texas law requires property owners to maintain their property reasonably safe for certain visitors. The owner may be legally responsible when they fail and someone gets hurt. This responsibility is known as premises liability.
A Property Owner's Duty of Care in Texas
The level of responsibility, or duty of care, a property owner owes depends on why you were on the property. Texas law defines three main categories of visitors:
- Invitees: If you enter the property for the owner's business or benefit, like shopping in a store or eating at a restaurant, you're an invitee. Owners must warn about or fix dangers they know about or should reasonably know about through inspection.
- Licensees: You're a licensee if you enter the property for your own reasons with the owner's permission, like a social guest. Owners must warn licensees about dangers they know about, but don't necessarily have to inspect for unknown dangers.
- Trespassers: A trespasser enters the property without any permission. Generally, owners owe trespassers only the duty not to injure them intentionally or through gross negligence. There are some exceptions, especially involving children.
Most slip and fall cases involve invitees, like customers in Texas businesses.
How Does Negligence Apply to Slip and Fall Accidents?
To win a slip and fall case in Texas, you usually need to prove the property owner was negligent. Negligence means the owner failed to act reasonably, and that failure caused your injury.
Your Texas slip and fall accident lawyer generally needs to show four things:
- Duty: The property owner owed you a duty of care (based on your visitor status).
- Breach: The owner breached that duty by failing to fix or warn about a dangerous condition they knew or should have known about.
- Causation: The owner's failure directly caused your fall and injuries.
- Damages: You suffered actual harm, such as medical bills, lost wages, and pain.
A slip and fall attorney in Texas gathers evidence to build this part of your claim.
How a DFW Slip and Fall Attorney Can Help Your Case
You should focus on healing after a fall, not legal deadlines and insurance adjusters. A Texas slip and fall attorney from our firm handles the entire legal process for you, fighting for the best possible outcome.
Investigating Your Accident and Gathering Evidence
Strong evidence is key to any successful claim. Your Texas personal injury lawyer acts quickly to preserve important details. We investigate the accident scene, sometimes visiting the location ourselves if possible.
We gather evidence such as:
- Accident or incident reports filed with the property owner
- Photos or videos of the hazard and the accident area
- Witness statements from anyone who saw the fall or the dangerous condition
- Maintenance records or safety logs from the property owner
- Your medical records documenting your injuries and treatment
Proving the Property Owner Was Negligent
Using the evidence, your Texas slip and fall accident lawyer builds the argument for negligence. We demonstrate that a dangerous condition existed on the property, and we work to show that the owner knew about it or should have.
We connect this failure directly to your fall and resulting injuries. This requires careful presentation of the facts and understanding of Texas premises liability precedents.
Calculating the Full Value of Your Damages
It's easy to underestimate the total impact of a serious fall. Compensation in slip-and-fall cases should cover medical bills (current and future), lost wages (past and future), and non-economic damages like pain and suffering.
We work to ensure every consequence of the fall is accounted for when demanding compensation.
Negotiating With Insurance Companies
Property owners usually have insurance to cover accidents like slips and falls. However, insurance companies aim to pay out as little as possible. Their adjusters may try to get you to accept a low settlement offer quickly or twist your words to blame you.
Your Texas slip and fall accident lawyer handles all communication and negotiation with the insurance company. We protect your rights and fight for a fair settlement covering your losses.
Navigating Texas Legal Procedures
There are strict rules and deadlines for filing personal injury claims in Texas. For most slip and fall cases, you have only two years from the accident date to file a lawsuit. This is called the statute of limitations.
Missing this deadline means losing your right to seek compensation forever. Your attorney will file all paperwork correctly and on time.
Types of Compensation Available in Texas Slip and Fall Cases
If a property owner's negligence caused your fall, Texas law allows you to seek compensation, called damages, for your losses. These damages aim to make you whole again financially and acknowledge the non-financial impacts of the injury.
Damages typically fall into two main categories.
Economic Damages
These damages cover the specific, calculable financial costs resulting from your injury. They’re meant to reimburse you for money you lost or had to spend because of the accident.
Economic damages often include:
- Medical Expenses: All past and future medical expenses related to the fall, such as ambulance, ER, hospitalization, surgery, doctor visits, therapy, medication, and equipment
- Lost Wages: Income you lost because the injury prevented you from working during your recovery
- Loss of Earning Capacity: If the injury causes a permanent disability that reduces your ability to earn money in the future
- Other Out-of-Pocket Costs: Any other expenses directly related to the injury, like costs for modifying your home or vehicle
Non-Economic Damages
Non-economic damages recognize the human cost of the injury. Examples include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury and its treatment
- Mental Anguish: Damages for significant emotional suffering, such as fear, anxiety, depression, or grief related to the accident and its effects
- Physical Impairment: Compensation for the loss of function or limitation of movement caused by the injury
- Disfigurement: Damages if the injury resulted in scarring or other visible changes to your appearance
- Loss of Consortium (Spouse): Damages for the loss of companionship, support, and intimacy due to their partner's injury
Texas Rules on Shared Fault
Sometimes, the property owner might argue that you were partly to blame for your own fall. Texas uses a rule called modified comparative fault. You can still recover damages if you are found partially at fault, as long as your percentage of fault is 50% or less.
However, your total compensation will be reduced by your percentage of fault.
If you are found 51% or more responsible for the accident, you cannot recover any damages in Texas. Insurance companies often try to shift the blame to reduce payouts.
Common Causes of Slip and Fall Accidents in Texas
Slip, trip, and fall accidents can happen almost anywhere, but they often result from specific hazards that property owners failed to address.
Many slip and fall cases handled stem from:
- Wet or Slippery Surfaces: Spills not cleaned up promptly, freshly mopped floors without warning signs, tracked-in rain or snow, leaking pipes or appliances, or excessive waxing can all create dangerous slipping hazards in grocery stores, restaurants, office buildings, and homes.
- Uneven Walking Surfaces: Cracked sidewalks, broken or loose tiles, torn carpeting, potholes in parking lots, or uneven thresholds between rooms can easily cause someone to trip and fall.
- Clutter and Obstacles: Merchandise displays encroaching into aisles, boxes left in walkways, cords stretched across floors, or improperly stored equipment can create tripping hazards, especially in retail environments or workplaces.
- Poor Lighting: Inadequate lighting in stairwells, hallways, parking garages, or outdoor walkways can make it difficult to see potential hazards like steps, changes in elevation, or objects on the ground, leading to falls.
- Defective Stairs or Handrails: Broken steps, missing or loose handrails, or stairs that violate building codes (e.g., inconsistent riser heights) are common causes of serious falls.
- Weather-Related Conditions: Failure to address ice or snow on walkways or parking lots promptly can lead to liability.
Frequently Asked Questions About Texas Slip and Fall Claims
After a fall, you likely have many questions about your rights and the legal process. Every case is unique, so contacting a lawyer provides the best advice for your situation.
What Should I Do After a Slip and Fall Accident?
Document everything related to the fall. Report the fall to the property owner and get a copy of their report. Photograph/video the hazard before it’s fixed.
Obtain witness contact information and preserve the clothing and shoes worn during the fall. Contact a Texas slip and fall accident lawyer immediately to discuss your case.
How Long Do I Have To File a Slip and Fall Lawsuit in Texas?
In Texas, the statute of limitations for most personal injury cases, including slip and fall accidents, is two years from when the injury occurred. This means you must file a lawsuit within two years, or you will likely lose your right to seek compensation permanently.
There are a few exceptions, but don’t wait to file a claim. Investigating a case and negotiating with insurance companies takes time, so contact a Texas premises liability attorney well before the deadline.
What Kind of Evidence Helps a Texas Slip and Fall Accident Lawyer Prove Negligence?
Useful evidence includes photographs or video footage of the hazardous condition that caused your fall, taken as close to the time of the accident as possible. Incident reports filed with the property owner can show they were aware of the event.
Witness testimony from people who saw the fall or the dangerous condition is valuable. Maintenance records, cleaning logs, or internal memos might show the owner knew about a recurring problem.
Your medical records link the fall to your injuries, and proof of lost wages documents financial harm. Your Texas slip and fall accident lawyer will work to gather all available evidence.
Do I Have a Case if the Dangerous Condition Was Obvious?
If a hazard was so obvious that a reasonably careful person would have seen and avoided it, the property owner might argue they didn't need to warn you.
However, even if a condition seems obvious in hindsight, factors like distractions (common in stores) or poor lighting can affect whether it was self-evident at the time.
An experienced Texas slip and fall accident attorney can evaluate the specifics and argue that the property owner still bears responsibility despite the nature of the hazard.
What Happens if I Fell on Government Property in Texas?
Suing a government entity (like a city, county, or state agency) in Texas involves different rules and shorter deadlines.
You generally need to provide formal written notice of your claim to the correct government unit very quickly after the injury, often within six months, but sometimes even shorter, depending on local ordinances.
Failure to provide proper notice on time can bar your claim altogether. Consult with a Texas premises liability lawyer immediately after such an accident.
Reclaim Your Stability After a Texas Fall
A sudden fall can disrupt your life in countless ways, leaving you injured, stressed, and unsure of where to turn. You don't have to navigate the aftermath alone while property owners and insurance companies protect their interests. Let a Texas personal injury lawyer at DFW Injury Lawyers handle the legal burdens.
We'll investigate your fall, explain Texas premises liability law clearly, and fight tirelessly for the fair compensation you deserve. Focus on your recovery while we focus on justice for you.
Contact DFW Injury Lawyers for a free, no-obligation consultation about your Texas slip and fall case by calling (972) 440-2320.