Slip and fall claims can be tricky to prove, and understanding the legal process can help you do it. These situations often happen because of preventable hazards, like wet floors or uneven pavement, leaving victims stuck with medical bills or lost income. Holding property owners responsible for their negligence in Houston means meeting certain legal requirements. Following are the key elements of a slip and fall injury claim and information about what you can do to protect your rights.
Understanding Slip and Fall Cases
Slip-and-fall accidents happen when unsafe conditions on someone’s property lead to an injury. To hold a property owner responsible, you’ll need to prove they failed to take reasonable steps to prevent hazards like wet floors or torn carpeting. These injuries can result in medical bills, lost wages, and stress, so seeking fair compensation matters.
Key Elements of a Slip and Fall Case in Houston
In Texas, slip-and-fall cases are covered by premises liability law, a subset of negligence law. To pursue compensation in a slip-and-fall negligence case, you and your attorney must establish the following:
Duty of Care
Property owners, whether residential, commercial, or public, owe visitors a duty to maintain reasonably safe conditions. The extent of this duty depends on your status on the property:
- Invitees (e.g., customers at a store) are owed the highest duty of care. Property owners must inspect for hazards and address them promptly.
- Licensees (e.g., social guests) are owed a lesser duty but must still be warned of known hazards. For instance, a homeowner must warn guests about a broken step they are aware of.
- Trespassers are generally owed no duty of care, with exceptions for children.
Breach of Duty
A breach occurs when a property owner fails to address or prevent hazards or fails to warn licensees of such hazards. For example:
- Not cleaning up spills promptly
- Ignoring broken steps or railings
- Failing to post warning signs for known dangers
Negligence isn’t always apparent, which is why your attorney might review maintenance logs, security footage, or witness statements that could demonstrate that the property owner failed to uphold their responsibility to keep the property safe.
Causation
You must show that the property owner’s negligence directly caused your injury. For example, if a grocery store doesn’t put up a sign for a wet floor and you slip on the spilled substance, you can only get compensation for your injuries if the hazardous condition was the reason you fell and got hurt.
Injury and Damages
Finally, you must demonstrate actual harm resulting from the accident, such as:
- Medical expenses for treatments, surgeries, or therapy
- Lost wages or reduced earning capacity due to time off work
- Pain and suffering, including emotional distress or diminished quality of life
It’s hard to support your claim without medical records or proof of income loss. Keeping a pain journal or saving expense receipts can help strengthen your case.
Common Defenses in Slip and Fall Cases
Property owners often mount strong defenses in slip-and-fall negligence cases to avoid liability. Common arguments include:
- Lack of knowledge: Claiming they were unaware of the hazard. For example, a store owner might argue that they did not know about a spill that occurred moments before your fall.
- Contributory negligence: Suggesting your actions contributed to the accident (e.g., wearing inappropriate footwear or ignoring visible warnings).
- No hazardous condition: Arguing the property was reasonably safe or the hazard was obvious and should have been avoided.
In Texas, your compensation could be reduced if you’re partly at fault, but a skilled attorney can challenge this by proving the property owner’s negligence was the cause of the accident.
How to Build a Strong Slip and Fall Case
Building a strong case begins immediately after the accident. Here are key steps to follow:
1. Gather Evidence
- Take photos or videos of the hazardous condition from multiple angles.
- Collect contact information from witnesses who can verify your account of the incident.
- Retain any relevant receipts, reports, or correspondence related to the accident.
Preserving evidence is critical, as conditions at the scene may change quickly. For instance, a spill may be cleaned, or warning signs may be added after the incident.
2. Seek Medical Attention
Getting medical care right away protects your health and helps document your injuries. Be sure to follow your doctor’s advice and keep track of your medical expenses and diagnoses.
3. Report the Incident
Let the property owner or manager know about the accident immediately and get a copy of the incident report. Waiting too long to report it could make it harder to prove your claim.
4. Consult an Attorney
An attorney can help you understand your options, gather evidence, and guide you through the legal process. At Fibich, Leebron, Copeland & Briggs, our attorneys are experienced in handling slip and fall injury cases and can provide the guidance you need. We’ll ensure all relevant deadlines are met, such as those established by the statute of limitations.
Why Choose Our Houston Slip and Fall Lawyers?
With decades of experience, Fibich, Leebron, Copeland & Briggs stands out for our commitment to achieving justice for injured clients. Here’s what sets us apart:
- Board Certification: Three of our attorneys are board certified by the Texas Board of Legal Specialization, including Tommy Fibich, who holds certification in civil trial law.
- Proven Track Record: We’ve won multimillion-dollar verdicts and settlements, including significant cases like Fen-Phen, Vioxx, and Topamax litigation.
- Client-Centered Approach: We focus on your needs and ensure you feel supported every step.
When you work with us, you’ll benefit from the experience of seasoned legal professionals who know what it takes to handle the most challenging cases. From the initial consultation to the final resolution, we’ll fight for the compensation you deserve.
Contact Our Houston Slip and Fall Attorneys for a Free Case Review
If you’ve been injured in a slip-and-fall accident, don’t wait to seek legal advice. Contact Fibich, Leebron, Copeland & Briggs for a free consultation. Their experienced attorneys can help you understand your rights, provide honest guidance about what to expect, and build a strong case so you can focus on your recovery. Slip-and-fall accidents can have long-lasting effects, but with the proper legal support, you can protect your rights and move forward. Call or reach out online today to get started.
