Why Choose Simmons and Fletcher for Your Slip and Fall Case?
At Simmons & Fletcher, we place equal importance on legal excellence and compassionate representation. We take pride in providing a caring and supportive environment for the injury victims that we serve, while also working around the clock to create your best possible case. If we have the opportunity to work with you as a client, you can expect that our qualified and compassionate premises liability lawyers will:
- Offer a free case evaluation with an experienced slip and fall lawyer;
- Listen to your story with empathy and understanding;
- Provide legal guidance on your potential next steps;
- Diligently investigate the details surrounding your accident;
- Gather and review relevant evidence;
- Contact and interview witnesses to the accident;
- Negotiate with the property owner and their insurance representative;
- Reach a fair settlement or represent your case at trial.
Contact Simmons & Fletcher today at (713) 932-0777 to schedule your free initial consultation with a dedicated Houston slip and fall attorney.
Understanding Slip and Fall Accidents
Slip and fall accidents occur when one person falls on another person’s property, and the injured party suspects or knows that their injuries were a result of the property owner’s negligence. Slip and falls almost always happen on another person’s property, but the accident itself can happen for a number of reasons. Some of the most common causes of slip and fall accidents include:
- Unmarked hazards;
- Hazardous debris or garbage;
- Poor maintenance;
- Wet and slippery floors;
- Loose carpets or rugs;
- Broken or missing stair treads;
- Loose electrical wires;
- Poor lighting;
- Uneven surfaces;
- Accumulated water, rain, or ice.
While slip and fall accidents can happen practically anywhere, our experience with Houston premise liability claims tells us that the most common settings are workplaces, retail stores, restaurants, nightclubs, hospitals, airports, and private properties. Slip and fall accidents can also occur outside; on a sidewalk or in a parking lot, for instance.
If you’ve experienced a slip and fall injury in one of these locations, you may be entitled to compensation for your damages.
What Types of Injuries Can Occur from Slip and Fall Accidents?
The average fall results in just a few scrapes, bumps, or bruises. In some cases, however, a slip and fall (or trip and fall) can result in much more serious, and even lifelong debilitating injuries. At Simmons & Fletcher, our Houston slip and fall attorneys have handled cases involving slip and fall injuries such as:
- Broken bones;
- Concussions;
- Traumatic brain injuries;
- Spinal cord injuries;
- Back and neck injuries;
- Paralysis;
- Amputation and disfigurement.
In the most tragic cases, a slip and fall may result in death. If you’ve lost a loved one or family member in a Houston slip and fall accident, you may be able to file a wrongful death claim with the help of a resourceful and knowledgeable personal injury attorney.
What to Do After a Slip and Fall Accident
After a slip and fall accident, your first priority should be your safety and physical well-being. We recommend taking the following steps after a slip and fall:
- Seek medical attention and have a doctor examine you immediately;
- Take photos of the area in which you fell, if possible;
- Record names of witnesses and any bystanders, if applicable;
- Don’t talk to the property owner about your accident;
- Don’t talk to other people about your accident;
- Don’t post online or on social media;
- Reach out to a Houston slip and fall lawyer as soon as possible.
Who Is Responsible for Slip and Fall Accidents in Texas?
In Texas, the state laws dictate that anyone who negligently contributes to a slip and fall accident may be held financially responsible for the resulting injuries and damages. If you’ve suffered a slip and fall in Houston, then you may be able to file a legal claim against:
- The property owner;
- The business owner;
- The manager;
- The landlord;
- The product manufacturer;
- Or any other person who was overseeing the property at the time of your fall.
Property owners, landlords, and other individuals with guardianship over the area in which you feel have a duty of care to protect you from any foreseeable hazards or dangers. They have a responsibility to maintain their premises, remove potential tripping hazards, and provide adequate lighting to prevent potential accidents.
However, the property owner’s precise duty of care may depend on their role in the accident. If your slip and fall occurred in a business or on a property that’s open to the general public (like a parking lot or workplace), then the owner must regularly inspect the premises for potential hazards and fix them promptly or warn you of their presence. If you’re visiting a friend’s house for a social purpose, however, they don’t have such a strict duty of care—but they must still fix problems when they arise and warn you of any dangers.
If your accident was the result of someone neglecting this duty of care, your Houston slip and fall lawyer will help determine which party (or parties) can be held responsible in your Texas premises liability claim. We’ll investigate whether there was a lapse in property owner responsibility and, if so, we’ll work hard at determining and proving liability in your accident.
Challenges in Slip and Fall Cases
When a slip and fall claim is filed, it’s because one person fell and was injured on another person’s property due to the property owner’s failure to reasonably protect their guest from hazards. While this situation may seem straightforward, it can actually present a number of challenges—which is why the experienced legal team at Simmons & Fletcher is here to help.
Potential slip and fall case challenges include the need to prove the property owner’s liability, negotiate with insurance companies, and provide evidence to support your story. First, proving slip and fall liability is essential to your claim—however, the property owner may deny any wrongdoing, claim that they did everything they could to protect your safety, or even blame you for causing the accident. In some cases, the property owner may even tamper with evidence, making it more difficult for our investigative team to find proof of the true events around your accident.
Personal injury claims also mean that the plaintiff must deal with the defendant’s insurance company. The property owner’s insurance company may deny your injury claim or try to convince you to take a settlement far below your case’s just value.
When you work with a skilled and knowledgeable Houston slip and fall attorney, you won’t have to worry about any of these potential complications. Our legal team represents our clients to the fullest, handling all evidence collection and insurance disputes in slip and fall cases on their behalf.
What if there was a warning sign that I missed?
Because knowledge of the danger is a defense in a premise liability case, the presence of a warning sign such as a wet floor sign or other marking that clearly draws attention to the danger will discharge the company’s duty to provide knowledge of the danger. However, the real question is conspicuity. Was the sign placed and designed in such a way that it should draw the attention of an invited guest or shopper? A warning sign that no one notices because it is away from the areas where foot traffic travels does not preclude liability.
What Can You Recover in a Slip and Fall Claim?
Various types of compensation are available in slip and fall claims. These accidents can incur a number of financial and emotional costs that only add to the overwhelming aftermath of a slip and fall injury. You may entitled to recover these costs, however, by filing a claim that pursues damages such as:
- Medical bills (present and future);
- Rehabilitation and physical therapy;
- In-home nursing care;
- Lost wages;
- Loss of future income;
- Loss of enjoyment of life;
- Disability;
- Mental anguish;
- Pain and suffering.
An experienced Houston slip and fall attorney can help determine what economic and non-economic damages you may be entitled to as part of your injury claim recovery. Our team will fight for you to receive just compensation and help you get back on your feet.
How Long Do You Have to File a Slip and Fall Injury Claim in Texas?
In most cases, you have two years to file a claim from the date of your slip and fall injury accident. The two-year statute of limitations on slip and fall accidents is determined by Texas state law, but the specific details of your case may shorten or lengthen this time frame. When filing a slip and fall claim, it’s crucial that your case is filed by the required deadline, so take action as soon as possible to contact a premises liability attorney who can help you compile your claim.
Slip and Fall Settlements vs. Trials
In the state of Texas, slip and fall cases can either be settled out of court or taken to trial. We usually prioritize a settlement, since this outcome is speedier, more common, and often costs less money. However, you may also receive less money than you would if you took your case to trial and won. If you do choose to settle, you’ll sign a contract in exchange for financial compensation (negotiated by your legal team) and release the defendant from any further liability.
The slip and fall trial process, on the other hand, takes longer than settlements and has the potential to result in no compensation for the injured party. However, if the trial is successful, then this outcome can result in more money—especially if your case qualifies for punitive damages, which are damages assigned by the judge to punish the defendant for grossly negligent behavior.
Fortunately, a skillful Houston slip and fall lawyer from Simmons & Fletcher can navigate the settlement and trial process for you—just call our team at (713) 932-0777 for your free case review. We’ll charge you no fees or expenses unless we make a recovery for you.
FAQ's
Are homeowner's responsible when a social guest is injured on their property?
Homeowners and landowners are responsible for eliminating and/or disclosing unreasonably dangerous conditions that they know of or should be aware of upon reasonable inspection to their social guests. Failure to do so can result in civil liability for personal injury damages.
Are homeowners liable to trespassers who are injured on their property?
In general, a property owner must not intentionally harm trespassers. However, if trespassers may be anticipated to expected, then a duty to warn can arise.
For example, if you maintain a condition likely to attract children such as a pool in an open yard, you can be held responsible to a child who trespasses to see the pool and falls in.
Another example, if you are aware people cross your land to get somewhere else and you do not stop them, they may be implied invitees giving rise to a duty.
Are Businesses responsible for slip and fall accidents?
The owner of any place where the general public is invited to come and shop or conduct business has a duty to conduct reasonable inspections to keep the premises safe for their patrons and may be held liable if they are negligent in carrying out their obligations. Failure to conduct reasonable inspections to identify unreasonably dangerous conditions and either remedy the condition or warn the public of the condition may result in the business owner’s liability for a patron’s injury. Thus, business owners must take steps to prevent slip and falls in their business.
