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People often underestimate how serious injuries from slip and fall accidents can be. While some are only embarrassed rather than actually hurt, others are seriously injured. If you fell because of dangerous conditions on the property, the property owner may be held liable. Proving liability and the existence of dangerous conditions can be challenging, and our attorneys are here to help you.
Property owners have a legal obligation to make their properties safe for guests. When property owners negligently fail to remove unsafe conditions, guests might get hurt, and owners should be held responsible. If you fall and get hurt, you should speak to an attorney about filing a case as soon as possible. You have a limited time to get your case into court, and property owners might clean up the property in the meantime, causing evidence to be lost. Your attorney can help you determine the value of your damages, including economic and non-economic injuries and losses.
Receive an initial case assessment at no cost to you when you call (817) 476-1797 and talk to our slip and fall lawyers at The Queenan Law Firm.
Duty of Property Owners in Slip and Fall Cases in Garland, TX
When someone falls and is hurt because of an unsafe condition on some property or premises, the property owner might be held responsible, even if they were not present when the accident happened. If a property owner invites guests to their property or should reasonably expect people without inviting them (e.g., store patrons), they have a duty to make it as safe as possible.
The Duty of Care
Property owners owe a duty of care to guests on their property. This duty is more than just a social courtesy; it is a legal obligation. Under the law, property owners have a legal duty to remove or repair known hazards. If they know that certain areas of their property are not safe for guests, owners must remove or repair the problem or restrict guests from accessing the dangerous area. Additionally, owners have a duty to make reasonable inspections for unknown hazards. Reasonable inspections often involve routine maintenance, which might vary from property to property.
Generally, there is no duty to unknown trespassers. If a person shows up on your property unannounced and without authorization to enter it, you are not obligated to make it safe for them. For example, if someone broke into your home and got hurt on the stairs, they cannot sue you for damages.
To establish the defendant’s duty of care, our slip and fall lawyers must prove that they owned the property in question and that you were lawfully present. In many cases, this is fairly simple. If you slipped and fell in a store, we must prove who owns the store and that you were present during normal business hours. However, if the defendant pushes back and argues you were not permitted on the premises or asked to leave before you fell, the case might become more challenging.
Exceptions
While the legal duty imposed on property owners is strict, there are certain exceptions. For example, under Tex. Civ. Prac. & Rem. Code § 75.002(b), there is generally no liability in cases where the owner of agricultural land permits or invites another onto the premises for recreational purposes. This may include land suitable for farming, forestry, or keeping animals. Recreational activities that fall under this law include things like hunting, swimming, camping, fishing, hiking, and other outdoor activities. However, under subsection (d), this exception does not limit an owner’s liability for gross negligence, malicious intent, or bad faith. If you were injured while engaging in outdoor activities, you might be unable to sue the owner. Even so, talk to a lawyer to make sure.
When to Contact an Attorney After a Slip and Fall in Garland, TX
While lawsuits for personal injuries often take time to complete, plaintiffs have a limited amount of time to prepare their cases and file them in court. Under the statute of limitations for personal injury claims in Texas, Tex. Civ. Prac. & Rem Code § 16.003(a), a plaintiff has only 2 years to file a case. The limitation period usually begins on the day the plaintiff is initially injured, so time is already ticking away on your claims. If we do not file the case before the time runs out, you might be unable to file it at all, and you might never receive fair compensation for your injuries.
Having 2 years to get your case ready might sound like more than enough time, but do not be fooled. Many cases take months or even longer to prepare before they are filed. Many plaintiffs wait for a few weeks or months before they even talk to a lawyer, and precious time to get your case ready might slip away. If you are hurt, call a lawyer as soon as possible, even if it means calling from a hospital bed. Even if you are unsure about pursuing legal action, your attorney can advise you of your options.
Damages You Can Recover in a Garland, TX Slip and Fall Case
Your damages in a slip and fall case should account for the money you lose, your injuries, and the painful experiences that directly result from the accident. Damages may be economic in nature, meaning they relate to actual sums of money, or non-economic and rooted in personal experiences.
Non-economic injuries often revolve around mental, psychological, and emotional injuries. For example, if you were injured in a bad car accident, you can claim psychological trauma as a part of your non-economic damages. You may also claim things like physical pain or the loss of enjoyment of your life because of the accident.
Economic damages are a bit more concrete because they are measured in real sums of money. If the accident cost you money in some way, those costs should be added to your economic damages. Medical bills, property damage, lost income from being unable to work, and various other expenses should be evaluated.
Call Our Garland, TX Slip and Fall Lawyers for Help Right Now
Receive an initial case assessment at no cost to you when you call (817) 476-1797 and talk to our slip and fall lawyers at The Queenan Law Firm.