SLIP AND FALLS ATTORNEY SERVING HOUSTON AND SUGAR LAND, TEXAS

According to the National Floor Safety Institute, falls are the leading cause of hospital visits in the United States — representing a whopping 21.3%, with over 8 million visits annually. Over a million of those are under the slip and falls category. Many of these happen on the properties of others, like malls, workplaces, and other types of establishments.

If you have suffered a slip and fall accident outside your property and believe the property owner is at fault, you may be able to claim financial compensation from that property owner. Here at the Law Office of Frederick K. Wilson II, we would be happy to help you deal with your Texas slip and fall case.

What Is Premises Liability?

This legal concept arises whenever personal injuries are caused by unsafe conditions on or in someone’s property. Just like other personal injury claims, premises liability claims are typically due to another person’s negligence — in this case, the property owners’. Slip and falls are one of the many types of personal injury cases that fall under the premises liability category.

To have a successful premises liability case, you (or, more likely, your attorney) must be able to establish the property owner’s fault in the accident. There are three main entities that can be at fault in slip and fall cases:

Property Owner/Homeowner

If your slip and fall accident happened on another person’s Sugar Land or Houston, Texas property, you might be able to claim compensation for the resulting damages. However, not every accident is covered by premises liability. More often than not, things that reasonable individuals could have avoided aren’t covered by this claim.

Only accidents that could have been avoided if the property owner was more careful are going to fall under this personal injury category. In order to win your case, you must be able to establish that the homeowner already knew or should have reasonably known about the dangerous condition and failed to fix it on time.

Business Owner

If you had a slip and fall accident within a business establishment (as a client or a worker), you might be able to file a claim for damages. As a client, you entered the business owner’s establishment trusting the integrity and safety of the property. As a worker, it is reasonable to expect a safe and secure workplace conducive for efficiency. If management fails to provide both, it is possible for you to claim compensation from them.

Government Entity

You can file for damages if you slip and fall on government property. In these cases, you would need to prove the fault and negligence of a government entity as opposed to an individual property owner or manager. You must also make sure that the local government has passed laws placing procedural requirements on filing personal injury cases.

Considerations before Filing a Slip and Fall Claim

Although you may think it’s too soon to tell whether filing a personal injury claim makes sense for your case, you should try to file it as soon as you can. In Texas, there’s a 2-year statute that puts a time limit on your right to file a lawsuit in court for personal injury.

As soon as you face an accident, go to a medical facility and have yourself checked. Next, you should contact an experienced attorney, who can guide you through your next steps, such as:

• Listing out all your current and anticipated medical costs and treatments

• Listing out all your current and anticipated damages related to your health and daily living

• Composing an initial demand letter detailing your claims

• Forwarding your demand letter to the person or entity at fault

• Reacting appropriately to the other party’s response or counter-offer

• Negotiating aggressively for a better deal if needed

• Taking the case to court if the other side isn’t offering you a fair deal

Dealing with a personal injury case can be daunting, but at the Law Office of Frederick K. Wilson II, we can guide you through the whole process and negotiate with the insurance company so you can focus on healing and recovery.