Slip-and-fall accidents can happen just about everywhere, for a multitude of reasons. If you suffered injuries in a slip-and-fall that occurred on someone else’s property, there are several steps you can take to potentially recover damages to cover medical expenses, lost wages, loss of earning capacity, and pain and suffering.
Seek medical attention
Slip-and-fall accidents can cause serious injuries, even if the accident seems minor at first. Prompt medical care can help you avoid serious medical issues in the future. Your medical records will also provide a detailed record of your diagnoses and treatments and are often necessary to establish the nature and extent of your injuries in court.
File an accident report
If your accident occurred at a store or on a rental property, it is important that you report the incident to the manager or owner as soon as possible. You should let them know when and where the accident occurred, what caused the accident, and who witnessed the accident.
Gather evidence
You should collect as much evidence as possible from the scene of the accident. Take photos of the area and obtain contact information from witnesses that may have seen your fall and employees who may have been aware of the hazardous condition.
Establish negligence
A personal injury attorney specializing in premises liability can review your evidence and talk to witnesses to determine whether you have a case against the property owner for negligence. In Texas, you will have two years from the date of your accident to file your claim.
Property owners have a legal duty to take reasonable steps to make sure their property is safe for legal guests. To prove that the owner was negligent, you must show:
- The owner knew of or had reason to know of the dangerous condition that caused your accident;
- The owner failed to take reasonable action to remedy the dangerous condition or warn guests of the dangerous condition; and
- The dangerous condition caused your accident and resulting injuries and damages.
An attorney can also help determine whether you contributed to your own accident and injuries.
Under Texas’ modified comparative negligence laws, you can recover compensation even if you were partially responsible for your own accident, as long as you are less than 51 percent responsible.
However, any damages you receive will be reduced based on the percentage of fault attributable to you. For example, if you are 30 percent at fault, your damages will be reduced from $100,000 to $70,000.
