Aggressive Advocacy When You Suffer Injury on Someone Else’s Property
It can happen anywhere in the Fort Worth metro area. You’re out running errands or you stop to visit a friend. The sidewalk has buckled or there’s a board missing on the stairs. Maybe you’re in the grocery store and food or other products have fallen on the floor. You slip and fall, suffering significant injuries, which may prevent you from working or may require extensive medical care. What do you do now?
When you’ve suffered needless injury on residential or commercial property because of an unforeseen hazard, you want a knowledgeable and results-oriented lawyer to help you pursue full and fair compensation for all your losses. You want Bailey & Galyen.
At Bailey & Galyen, we bring more than 40 years of positive results to personal injury victims across Texas, including people who have been hurt in a slip, trip or fall. Over the last four decades, we have helped personal injury victims get hundreds of millions of dollars in damages, either through our courtroom prowess or our considerable negotiation skills. We have always maintained a strong commitment to hard work and aggressive representation. We’ll take the time to listen, so that we understand exactly what happened to you and what you need to get your life back on track. We understand 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 people in the Fort Worth area who have been injured in a slip, trip or fall on residential or commercial property. For an appointment with an experienced Fort Worth slip, trip and fall attorney, contact Bailey & Galyen online or call our offices at 844-402-2992.
Premises Liability in Fort Worth, Texas
In Texas, as in all states, the owner or person in control of property has a duty to maintain the premises in such a way as to minimize the risk of injury to anyone legally visiting the property. The duty is not absolute but requires that such person take “reasonable” steps to protect the safety of visitors.
As in most other states, Texas bases the respective duties of the owner on the legal “status” of the visitor:
- Invitees—Property owners owe the greatest duty to individuals considered to be “invitees.” An invitee is any person who enters the property for the benefit of the property owner. Persons entering commercial premises are commonly considered invitees. When the visitor is an invitee, the owner has a duty to:
- Regularly inspect the premises and take reasonable steps to eliminate any potential dangers
- Provide reasonable notice/warning of any dangerous conditions that the owner knew or should have known were on the premises
- Licensees—Anyone else legally visiting the property will be deemed a “licensee.” The duty to a licensee is to warn about known conditions and to use ordinary care to repair any dangerous conditions.
- Trespassers—Anyone who enters the property without permission or invitation will legally be considered a trespasser. Property owners have no duty to trespassers, other than to avoid any intentional or reckless injury. There is one exception to this rule–a property owner may have responsibility for injuries suffered by a child who trespasses, if the property contains what the law considers to be an “attractive nuisance,” such as a swimming pool.
The Different Kinds of Slip and Fall Accidents
Premises liability claims can be based on a wide range of events, such as:
- Loss of footing on wet, icy or snowy surfaces, because of dangerous or defective sidewalks, driveways, parking lots or ramps, or on other outdoor walkways
- Slips, trips and falls caused by any type of dangerous or defective flooring, including broken floor tile, torn carpet or linoleum, or poorly anchored rugs or throws
- Loss of balance or tumbles resulting from foreign substances on the floor, such as food, liquids, oils or debris
- Injuries sustained on broken, dangerous or defective steps, stairs, banisters, railings, ramps, decks, landings or platforms
- Slips, trips and falls due to inadequate lighting on stairs or along sidewalks or walkways
The Most Common Causes of Slip and Fall Accidents in Fort Worth, Texas
The primary factor contributing to property related injuries in Fort Worth is the negligence or carelessness of property owners, property managers or others in control of premises. In many instances, property owners simply fail to monitor the premises on a reasonable basis, leading to conditions that can cause injury, such as:
- 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
The Types of Injuries Most Often Sustained in Fort Worth Slip and Fall Accidents
A slip, trip or fall can result in a wide range of injuries, from soft-tissue trauma, such as cuts and bruise to serious and catastrophic loss, including traumatic brain injury (TBI), spinal cord injury, broken bones, paralysis, permanent scarring or disfigurement, and amputation or loss of limb. Under the right circumstances, a slip and fall may even be fatal.
How Is Liability Established in a Slip and Fall Accident?
Any person who has the right or authority to maintain residential or commercial property may potentially be held responsible for a slip and fall injury. That includes the owner of the property, any property managers, and all others who should reasonably monitor property and take steps to address any known dangers, such as landlords or tenants.
What Compensation Can You Pursue for a Slip and Fall Accident?
After a slip and fall, you have the right to seek reimbursement of or payment for all losses caused by the accident, including:
- Lost wages or income, including commissions, bonuses and benefits
- Any medical expenses not covered by insurance
- Your inability to enjoy close intimate relationships or companionship with loved ones
- 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
- 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
How to Protect Your Rights after a Slip and Fall Accident in Fort Worth, Texas
After a slip and fall, as with any type of accident, your initial focus should be on your health. Do a quick assessment and determine whether you think you can get up and move under your own power. Often, particularly if you have injuries to your head, neck or spinal cord, the best thing to do is stay where you are until emergency medical personnel get there. Once they arrive, let them decide what you should do next. That may include going to the hospital by ambulance, if necessary.
Even if you can walk away from the slip and fall, you should get medical treatment as soon as possible, either at a hospital emergency room, an urgent care facility or your primary care physician.
It’s also extremely helpful to gather contact information from the property owner or manager, as well as any witnesses, so that your attorney can contact them when preparing your case. If you can, 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 a Fort Worth Slip and Fall Accident Attorney Can Help You
An experienced DFW personal injury lawyer will:
- Fully investigate your case in order to prepare and present the most effective arguments for your full financial recovery
- Evaluate your case, and accurately and swiftly determine whether it’s in your best interests to pursue a settlement or take your case to trial
- Retain and prepare any expert witnesses to support your claim
- Be your liaison with insurance companies to recover maximum benefits under any applicable policy
- Gather, evaluate and safeguard all critical evidence
- Prepare and file all documents required by the court or as a part of the legal process
- Aggressively represent you in all meetings, proceedings and hearings
Speak with Our Experienced Fort Worth 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.