Arlington, TX Slip and Fall Lawyer
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.
If you or a loved one was injured on someone’s property in a slip and fall accident, consider talking to a lawyer right away. An attorney can help with your case in many ways that you might not expect. First, we can help explain how your rights are affected based on whether you were trespassing or invited to the property. Second, we can help you understand what damages you may be entitled to, what evidence will be used in your case, and what to expect throughout the course of your case.
For help with a slip and fall accident in Arlington, TX, call The Queenan Law Firm today. Our Arlington slip and fall lawyers fight for injury victims and work to get them the compensation they need after serious injuries. For your own free case consultation, call us today at The Queenan Law Firm, P.C.
Examples of Common Slip and Fall Accidents in Arlington
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 the following:
- Pathways without 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
Whether the conditions that led to your injury are on this list or not, our attorneys may be able to help. In many cases, conditions like these and others are unsafe, and property owners cannot be allowed to let people be injured on their property because of their negligence or lack of concern. Talk to one of our Dallas slip and fall attorneys right away about your case to see if we can help you get compensation.
How Trespassing Affects Your Right to Sue for Injuries
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 as follows:
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.
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.
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 landowner/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 to 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 they 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 in 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 Are You Able to 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 can include past doctor’s bills and ongoing therapy you may require as a result of your accident. Any expenses you faced for medical care because of your injuries should be paid by the parties that caused the injuries. This makes them one of the most crucial areas of damages in most injury cases.
Physical and emotional pain and suffering might not have a clear value, but you can still claim compensation for this area of damages. In fact, pain and suffering damages often make up some of the biggest areas of compensation in injury cases.
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 from 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.
Evidence Needed to Prove Slip and Fall Injury Cases in Arlington
If you are going to file a slip and fall injury case, one of the most important things you will need is evidence of what happened. “Evidence” in a personal injury case – or any court case – refers to anything that helps show what happened and who is responsible. Our Arlington slip and fall injury lawyers can help you collect and present evidence in your case to prove who was responsible and what damages you suffered.
The evidence in a slip and fall case can include documentary evidence, such as the paperwork and records showing what injuries you faced, what expenses you faced, and what other economic results came about because of the accident. This evidence is particularly important in proving damages in your case.
Evidence can also include pictures and videos of the accident or the accident scene that help show how the slip and fall happened. Security cameras are primarily used in stores and other public places to catch shoplifters and criminal issues, but they also provide an excellent record of accidents like slip and falls. Your lawyer can send letters to the store or property where the accident happened and tell them to preserve any video footage for trial.
One of the most important pieces of evidence in any slip and fall case is the victim’s testimony. The victim is the main person who can explain what they experienced in the lead-up to the accident, how they slipped, and what conditions caused the fall. Other witnesses can also testify to what they saw and heard as the accident happened.
In some cases, the only evidence available is in the hands of the defendant. Fortunately, court cases involve a step called “discovery,” where both sides submit and share evidence related to the accident. This means that if there was a store clerk or a property manager that knew about the dangerous condition and failed to report it or repair it, we can interview them in a deposition, get that information on record, and use it against the defendant.
What to Expect in a Slip and Fall Case in Arlington
Most slip and fall cases happen in a place where there is some sort of insurance coverage. Businesses and stores have liability insurance for these kinds of situations, and homeowners and renters have homeowners insurance or renters insurance for accidents at their private residences. This means that the first thing to expect in many slip and fall cases is that the insurance company may try to reach you to settle the case.
You have the choice of whether to accept an insurance payout or press the case by filing a lawsuit. Your Arlington slip and fall lawyer can help you understand whether the insurance offer is fair in your case and help negotiate better offers if you are considering settling the case. If no offer is made or the insurance company refuses to pay what you need, we can take the case to court and file a personal injury lawsuit for you.
There are many steps in a court case before the trial starts. Our attorneys will handle the evidence exchange, depositions, and other steps in your case, all aimed at setting you up for a strong case at trial.
Although a trial is an option and may take place in your case, most injury cases settle without a trial. Often, the pressure of having to face a jury is enough to push defendants and their insurance companies to settle, especially since trials can be expensive for the businesses and property owners that have to defend themselves against accusations of negligence. Our attorneys can help advise you on whether to settle or take the case to trial, helping you weigh the pros and cons of both choices.
Ultimately, your attorney will be experienced, practiced professional who can guide you through the process of filing a lawsuit and getting the compensation you need after a slip and fall accident in Arlington. Call The Queenan Law Firm for a free consultation on your case and more information about how to proceed with your claim.
Contact Our Arlington Slip and Fall Accident Attorneys
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 Dallas personal injury 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.