Arlington Slip and Fall Attorney
Preventing slip and fall accidents should be a major concern of anyone who has guests and members of the public on the property. However, it is a sad reality that many property and store-owners do not always take the measure that they should ensure that no one is injured on their property. However, you can take some precautions against certain property conditions that tend to lead to a higher amount of slip and fall accidents by learning how to identify them: Some of the many property conditions that lead to slip and fall accidents include:
- Pathways that do not have adequate lighting
- Spills that are not cleaned up properly
- Unsecured electrical cords and phone cords
- Failing to close cabinets, drawers, and doors.
- Debris and garbage that is left in common areas
- Misuse of chairs, tables, and ladders
- Failing to clean up from snow and ice
- Unsecured support railings
- Uneven and improperly maintained sidewalks and pavement
Any personal injury attorney will tell you that they have seen the unfortunate and often life-altering effects of a slip and fall accident. They will also tell you sad stories of those who waited too long or did not properly file their case and subsequently were not able to have the courts grant them any compensation for their injuries.
What are the Different Types of People on Property in Texas?
Texas law prescribes that not every person who is on another property is viewed the same under the law. You are probably familiar with the term trespasser, however, you may be unfamiliar with the other classifications of people who may be on another’s property, invitees and licensees. Under Texas’s premise liability law, each of these entrants is owed a certain duty. What duty they are owed depends on their status at the time they are injured on a property. One who owns or is in control of property may owe a different duty depending upon the injured person’s status as an invitee, licensee or trespasser. The three classifications are:
Trespassers – A “trespasser” is probably the most familiar category to most people. A trespasser is a person who enters the property of another without any invitation or right to be there or on the property. These are people who usually ignore signs that say no trespassing.
Invitee – An “invitee” is a less familiar classification to most people, however, it is often the status that is assigned to an individual who enters the property of another for the property possessor’s benefit. The classic example of an invitee and the most accessible is a customer in a store.
Licensee – The licensee classification is another type of person who may be on a piece of property. A “licensee” is a person who enters the property of another for the mutual benefit of the land owner/possessor and the individual visiting.
These three classifications of entrants are well recognized throughout Texas as the types of people who may be on someone else’s property. However, a person’s status can change once they are on the property if they exceed their invitation or go in an area where they should not be.
What are the Duties a Landowner Owes to Others?
In a premises liability case, not everyone is owed the same level of care to be protected from dangerous conditions on another’s property. Each of the above classifications determines the duty owed to the injured person. The duties owed are as follows:
Duty to a Trespasser – In line with the reason why a person is considered a trespasser is a duty that the are owed, which is only a minimal duty. The law often treats trespassers rather harshly when they file a premises liability action such as a slip and fall, this is because it is assumed that they were not supposed to be there and it is hard to impose a duty on a landowner to protect someone who they did not want on their property.
Duty to an Invitee – A property owner owes an invitee on their premises a duty to exercise reasonable care to provide safe premises. Generally, this can be satisfied if the property owner discloses all unreasonably dangerous conditions of which he is aware and those that he should have knowledge of upon reasonable inspection of the property. In the case of slip and fall accidents, this is often breached when there is some liquid or other substance left out that the land or property owner knew about and did not address.
Duty to a Licensee – A person who is control of the premises or property owes a licensee a duty to disclose only those known dangerous conditions on the property.
It is crucial that anytime you consider filing a premises liability action for slip and fall you understand and prove what type of entrant you were at the time you were injured. If you are misclassified you may be barred from recovering for any of your injuries.
What Damages Can you Recover from a Slip and Fall Accident in Arlington?
Slip, trips, and fall accidents can happen anywhere and at any time. However, while they can happen at any time most people are not at a time in their life when they can suddenly have thousands of dollars of medical bills and expenses. Many people who are injured in an accident are simply trying to get back to the point they were in before their accident. If you have been injured as a result of the negligence of a store, mall, park, or museum owner then you may consider filing a premises liability claim to recover for your injuries. Generally, Texas law allows an injured person in a slip and fall case to recover the following types of damages, which equate to money.
- The cost of past and future medical treatment which can cover past doctors bills and ongoing therapy you may require as a result of your accident.
- Physical and emotional pain and suffering;
- Missing work because you are injured often means that you will not be paid. Under Texas personal injury law, a person who has been injured in a slip and fall case may be able to recover for the wages they lost.
If you are no longer able to perform the job at the same level you did before your accident and subsequently, cannot earn the same amount of money each month then you may be able to recover for your reduced earning capacity. Money damages take into account all of the above, and the court will aim at making the party whole as if the accident had never happened.
Contact an Arlington, Texas Slip and Fall Accident Attorney Today at 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.