Property owners have an implicit duty to keep their land safe for visitors. Unfortunately, falls are one of the leading causes of injury in the United States, comprising 9 million visits to emergency rooms annually. Serious falls can result in lifelong complications, such as memory loss, permanent disability, and paralysis.
If you’ve been injured on someone else’s property, it may be because they were careless in its maintenance or care. If a slip and fall accident resulted in measurable harm, you may be able to file a lawsuit based on a legal concept known as premises liability.
Premises liability is a form of personal injury law that relies on the idea of negligence. In a slip and fall case, your legal team must prove that a property owner’s failure to maintain the property led to your injuries. On the other hand, an owner isn’t automatically negligent if you’ve been injured on their property. Generally, we define negligence as when a property owner knew (or should have known) about a dangerous condition, but failed to address it.
Premises liability is also referred to as slip and fall liability because falls are one of the most common causes of injury. But premises liability can encompass a wide range of scenarios. Other common examples of liability cases involving property ownership include:
As you can see, slip and fall liability cases involve more than just falls. We can pursue a slip and fall case whenever we believe a Houston property owner has violated their duty of care.
Property owners (or their managers) each have a legally-binding duty to keep their property safe if it is open to visitors or the public. If they fail in this duty, they might be legally responsible for damages incurred on their property.
If you’ve been a victim of a trip and fall or slip and fall accident, you may be able to file a personal injury lawsuit if one of the following apply:
If you can answer yes to any of these questions, you may have legal grounds for a premises liability lawsuit. A personal injury attorney can help you decide if your case has legal merit.
The CDC reports that in addition to the large number of deaths, approximately 8,000,000 people sustain injuries in falls, many of them very serious or catastrophic. Falls are the most common cause of death on the job, the third most frequent cause of death by accident overall, and the most common cause of accidental death among seniors over 65.
Many of these falls are preventable and are caused by someone’s negligence in the upkeep of their premises.
The owner or operator of any property open to the public owes a duty of care to prevent hazardous conditions, to warn the public if hazards occur, and to immediately take steps to remove or repair the hazardous condition. When poor maintenance results in injuries from a fall, the owner or other party responsible for the maintenance of the premises may be found liable, allowing the injured victim to receive an award of monetary compensation for economic and non-economic damages, including medical expenses, lost wages and future earning potential, cost of household help, pain and suffering, disability, disfigurement, emotional anguish, diminished quality of life, and various other damages caused by the fall.
A fall can cause serious, debilitating injuries. If you’ve been injured in an accident, you know that medical bills, rehabilitation expenses, and prescriptions add up quickly. Your injuries may even keep you from returning to your livelihood, costing you lost wages and reduced earning capacity. We routinely see Houston-area families who struggle to keep up with these costs.
Fortunately, the Texas judicial system offers legal recourse for these victims. A premises liability lawsuit will help families regain their financial security while providing a sense of closure. A personal injury settlement will help you pay for all the associated costs of your recovery, as well as provide compensation for pain and suffering.
If you believe you have grounds for a slip and fall claim, contact us for a free initial consultation. We offer our services on a contingency-fee basis, so you don’t pay anything unless we win.
If you’ve been injured in a serious fall that was caused by someone else’s negligence, you will want to contact an experienced personal injury lawyer to find out if you have a case to recover money for your injuries. You should bring an attorney on board as soon as possible after the accident to allow for a thorough investigation while the evidence is still available and to avoid missing filing deadlines.
To preserve your right to a recovery, avoid discussing the details of your accident or injury with any insurance adjuster or other company representative. Don’t sign any authorizations or releases and don’t give the adjuster a recorded statement, because these are tactics that insurance companies employ to diminish the value of your claim or deny it altogether. Your lawyer will handle the insurance company and protect you rights throughout the legal process.
In Houston, when you need a premises liability attorney’s assistance, the place to turn is the law firm of Gordon, Elias & Seely, LLP. With sixty years of combined experience, our attorneys have the legal know-how and the passion for justice that will ensure that you have that top quality legal representation that will produce results. We focus on the individual needs of each client, keeping you involved and informed at all times. If you’re out of work and having trouble with your medical bills and living expenses, we may be able to advance you money to help out, and it’s always interest free.
Call today for a consultation this week. Let us start working now for your recovery.