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You likely have a lot of control over the things in your own home or apartment. If you spill liquid on the ground, you can go and clean it up. If you leave a wire across the room you likely will remember it is there and will warn others before they walk across it and trip. However, when you are outside of your house you likely are not able to exert the same control. Most slip and fall accidents occur because the owner of a grocery store, mall, shop, business, or even parking lot has failed to maintain their premises in the manner that they should. There are countless hazards that can cause a slip and fall accident however in our experience the following property conditions tend to be the cause of many accidents.
Slip and fall can be caused by many property conditions. Our attorneys have handled cases related to:
- Liquids left on the ground
- Poor lighting
- Broken Handrails
- Flooring that is not adequately installed or maintained
- Carpeting
- Loose Wiring
- Uneven or damaged pavement
- Structural Damage
- Broken Ladders
Depending on how serious your injury you may be able to file a legal action or a personal injury case to recover for any expenses that resulted from your accident.
Who do Store Owners Owe a Duty of Care?
Under Texas law, there are licensees, invitees, and trespassers. These three classifications of people comp play an important part of any slip and fall case. This is because, under Texas law, the duty owed to a person who enters another person’s property is determined by the injured party’s status. If a person is injured in a slip and fall accident they may be owed a higher degree of duty from the property owner or none.
Licensee – A “licensee” is a generally considered to be a person who enters the property of another for the mutual benefit of the land owner/possessor and the individual visiting. While it may seem that when you go to a store and buy something you are receiving a benefit, however, this is an important distinction because often a person who enters a store will not be considered to be a licensee. A person in control of the premises owes a licensee a duty to disclose only known dangerous conditions, such as posting signs on a sidewalk, which is being repaired. Generally, there is no duty to inspect the property to make it reasonably safe for a licensee.
Invitee – When you are in a store you can generally be considered to be an invitee. The hallmark definition of an “invitee” is generally a person who enters the property of another for the property possessor’s benefit. However, it is important to note that an invitee may lose their status as an invitee if they exceed their “invitation” such as when they enter an area that is restricted to employees only. Determining liability for an invitee’s slip and fall often revolves around whether or not the landowner or property owner had constructive knowledge or actual knowledge. Under constructive knowledge, a storeowner must disclose all unreasonably dangerous conditions that they should have knowledge or would have knowledge of if they conducted a reasonable inspection of the property. However, a store or property owner may also have actual knowledge of a dangerous condition, for which they are required to provide some warning. If a store or property owner fails to do one or the other results in liability for injury caused by the unreasonably dangerous condition.
Trespasser – Trespassers are classically people that are not wanted on the property. Because only in situations where a landowner knows or should know that certain conditions on their property will invite people to trespass, they generally do not owe a duty of care to a trespasser. In the absence of willful or intentional acts, trespassers generally cannot recover for slips and falls.
How Much Money Can You Receive from a Slip and Fall Accident in Wise County Texas?
If you are the victim of a slip and fall accident you may be asking yourself why you should be saddled with all the medical bills, hospital visits, continuing therapy, and the expenses that come with an injury. In addition, you may no longer be able to work as a result of your accident, and find yourself again asking what can you do to continue to provide for yourself and for your family. Injuries from slip and fall accidents can leave you thousands of dollars in debt, and this isn’t even considering the emotional toll that they also cause. If you have been injured in a slip and fall accident in Texas, you are not without any method to recover for your lost time, expenses, and ability to enjoy life and work. Under Texas personal injury law, a victim of a slip and fall accident may be able to recover a portion or the entire amount of money they lost as a result of their accident by filing a premises liability case. Generally, a person will be able to recover the following:
- Medical treatments from the past and for the future for those injuries caused by a slip and fall.
- Physical pain and emotional suffering, which stem from a slip and fall case.
- After an accident, if you are unable to work because of your injuries you may be entitled to recover for lost wages.
Depending on the severity of the accident a person may find that they are no longer able to work at the same level and capacity as they did in the past. In these events, a person may recover for their reduced earning capacity due to permanent disability
Contact a Wise County Slip and Fall Accident Attorney of Queenan Law
Slip and Fall accidents are no joke and if you have been injured in a slip and fall accident you should not wait to contact an experienced attorney. Queenan Law represents personal injury victims across Texas, including Arlington, Fort Worth, Dallas, and Houston. Even if you are unsure whether you have a case or need an attorney, we encourage you to contact our law offices for a free, friendly, and completely confidential consultation regarding your legal matter. Call Queenan Law at (817) 476-1797 to get an assessment of your case today.