Protecting Your Rights When You’ve Been Hurt on Someone Else’s Property in Arlington
In Texas, as in other states, the owner of (or anyone who exercises control over) residential or commercial property has a duty to maintain the premises so as to prevent the unreasonable risk of injury to anyone legally visiting the property. Unfortunately, that duty is often ignored or neglected. Property owners, landlords and tenants fail to take reasonable measures to either fix a dangerous condition or provide appropriate notice of a hazardous condition. When it happens in Arlington, the attorneys at Bailey & Galyen can help.
At Bailey & Galyen, we bring more than 40 years of positive results to personal injury victims across Texas, including people in Arlington and the surrounding communities who have suffered any type of loss because of a slip, trip or fall. Since we established our law practice more than four decades ago, we have helped our clients recover hundreds of millions of dollars in personal injury damages, either through our courtroom skills or through a negotiated settlement. We know that success is about paying attention to the details, so we’ll take the time to listen carefully, so that we know exactly what happened and what you need to fully compensate you for your losses and move forward with your life. We recognize the importance of timely and accurate answers to all your questions and strive to be available and accessible whenever you need to talk.
We provide a free initial consultation to anyone in Arlington or the surrounding are who has suffered needless injury as the result of a slip, trip or fall on residential or commercial property. To schedule an appointment with a proven Arlington slip, trip and fall attorney, contact Bailey & Galyen online or call our offices at 844-402-2992.
The Premises Liability Laws in Texas
Under Texas law, an owner or person in control (“owner”) of commercial or residential property must take reasonable steps to maintain the premises in such a way as to minimize the risk of injury to anyone legally visiting the property. The owner is not required to guarantee the safety of others but must act reasonably to prevent injury or loss.
As the law has evolved in Texas, the respective duties of the owner depend, to some extent, on the legal “status” of the visitor:
- Invitees—An invitee is any person who comes onto property for reasons that provide a benefit to the owner. Accordingly, owners owe the greatest duty to anyone deemed to be an invitee. A common example of an invitee would be any person entering commercial premises for the purposes of examining or purchasing goods or services. Owners owe the following duty to invitees:
- To regularly monitor and/or inspect the premises to determine the presence of any dangerous conditions, and to take reasonable steps to eliminate those hazards
- To provide reasonable notice or warning of any defective or dangerous conditions that the owner knew or should have known were present
- Licensees—All other persons legally coming onto residential or commercial property are referred to as “licensees.” The owner has no duty to monitor or inspect the premises for hazards but must reasonably warn any legal visitors about known conditions and to use ordinary care to fix any dangerous conditions.
- Trespassers—Individuals who enter the property without permission or invitation will legally be considered trespassers. Owners generally have no duty to trespassers, other than to avoid inflicting any intentional or reckless injury. There is an exception, however, when the owner has what the law considers an “attractive nuisance.” This is typically some feature, such as a swimming pool or even an excavation/pile of dirt, which a child may be naturally attracted to. In such situations, the owner will have liability for any injury to the child, even if the child was a trespasser.
What Are the Different Types of Slip and Fall Accidents?
Slip and fall claims, also referred to as “premises liability,” may arise as a result of many factors, including:
- Slippery surfaces, from wet, snowy or icy sidewalks, steps and other thoroughfares to wet or greasy indoor surfaces, such as kitchen floors
- Injuries caused by dangerous or defective flooring, including broken floor tiles, torn carpet or linoleum, missing or loose floorboards, protruding nails or screws, or poorly anchored rugs or throws
- Loss of balance, tumbles or spills caused by debris, liquid, oil, food or other foreign substances on the floor
- Injuries suffered as a result of broken, dangerous or defective steps, stairs, banisters, railings, ramps, decks, landings or platforms
- Slips, trips and falls due to poor or nonexistent lighting anywhere on the premises, including steps, stairs, sidewalks and walkways
What Are the Most Frequent Causes of Slip and Fall Accidents in Arlington, Texas
In most instances, premises liability claims stem from the negligence or carelessness of owners, property managers or others in control of the premises. Owners often fail to regularly monitor the premises for potential hazards. As a result, many of the following conditions can arise:
- Loose, missing or uneven floorboards
- Ice, water, debris or other slippery substances on any surface where people walk
- Potholes or cracks in sidewalks, driveways and parking areas
- Bulging or loose carpet, tile, linoleum or rugs
What Types of Injuries Are Most Common after an Arlington Slip and Fall Accident?
A premises liability claim may involve an extensive array of injuries:
- Soft-tissue trauma, such as lacerations and contusions, muscle pulls, strains and sprains
- Serious and catastrophic loss, from traumatic brain injury (TBI) and spinal cord trauma to broken bones, paralysis, permanent scarring or disfigurement, and amputation or loss of limb.
- Unfortunately, a slip, trip or fall can even be fatal.
Who Is Potentially Responsible for Damages in a Slip and Fall Accident Claim?
In Texas, you can seek compensation from any person with the right or authority to maintain residential or commercial property. That includes the owner of the property, as well as any property managers or others who should reasonably monitor property and take steps to address any known dangers, such as landlords or tenants.
What Kinds of Damages Are Available in a Slip and Fall Accident Claim?
After a slip and fall in Arlington, you are entitled to compensation for any and all losses caused by the accident, including:
- Lost wages or income, including salary, commissions, bonuses and benefits
- Any unreimbursed medical expenses (not covered by insurance or other sources)
- Your inability to enjoy close intimate or familial relationships with loved ones, known as loss of consortium or companionship
- Your loss of the ability to engage in and enjoy ordinary activities of daily life or to participate in things that brought fulfillment or contentment before the accident, referred to as loss of enjoyment of life
- Physical or mental pain and suffering resulting from the accident, either immediately after your slip and fall or on an ongoing basis
- Any property loss or damages caused by the accident
Protecting Your Rights after a Slip, Trip and Fall Accident in Arlington, Texas
In the immediate aftermath of your injury, your primary focus should be on your health. Determine whether you can get up and move under your own power. Often, particularly if you have injured your head, neck or spinal cord, it’s best to stay right where you are until emergency medical personnel arrive. Once they are on the scene, defer to their knowledge and expertise. Be willing to go to the hospital by ambulance, if necessary.
Even if you feel like you have only minor injuries, you should get medical treatment as soon as possible, either at a hospital emergency room, an urgent care facility or your primary care physician.
If possible, take the time before you leave the scene to gather contact information from the property owner or manager, as well as any witnesses. That will help your attorney contact them during the preparation of your case. It’s also helpful to take pictures of anything related to your accident, including any conditions of the property that may have caused your accident, as well as the extent of your injuries.
How an Arlington Slip and Fall Accident Attorney Can Help You
An experienced personal injury lawyer will:
- Evaluate your case, and help you decide whether it’s in your best interests to pursue a settlement or take your case to trial
- Thoroughly investigate your case in order to identify, prepare and present the most compelling arguments for your full financial recovery
- Identify the need for, retain and prepare any expert witnesses
- Be your intermediary with insurance companies, so that you get all the benefits to which you are entitled under any insurance policy
- Gather, evaluate and safeguard all critical evidence
- Prepare and file your complaint and all other documents required as a part of the litigation process
- Be your voice in all meetings, proceedings and hearings
Speak with Our Experienced Arlington Slip and Fall Attorneys Today!
Take the first step today to get full and fair compensation after a slip and fall accident. Contact Bailey & Galyen online or call our offices at 1-844-402-2992 or send us an email. Our phones are answered 24 hours a day, seven days a week. We are happy to meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
To schedule a free initial consultation to discuss your slip and fall claim, call our offices at 1-844-402-2992 or contact us by e-mail. We handle all slip, trip and fall claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.