Greenville, TX Slip and Fall Lawyers
Being hurt on someone else’s property can leave you with high medical bills and time out of work. When you suspect the property owner knew about the problem and did not fix it, they could be held liable for their negligence. To be sure about whether you have a valid case, you should consult with a slip and fall lawyer in Greenville, TX.
At Smith & Lee Injury Lawyers, our skilled Greenville personal injury attorneys will discuss your situation during a free case review and then advise you on your legal options. You do not have to face the burden of insurance claims and potential lawsuits on your own.
Our team is ready to listen. For a free consultation with our slip, trip, and fall lawyers in Greenville, TX, contact our law firm online. You can also call us at (972) 771-2579.
Property Owners Owe You a Duty of Care
Under Texas law, property owners must uphold a duty of care to anyone entering their premises. However, the level of that duty depends on your status as a visitor. There are three types of status: invitee, licensee, and trespasser.
Invitees
An invitee is someone who enters the premises for the property owner’s benefit. For example, restaurant patrons, retail shoppers, concertgoers, or professional clients. The property owner, manager, or operator must inspect their premises for hazards, repair them right away, and put up signs notifying visitors of any remaining concerns.
Licensees
Licensees are on the property for social reasons, such as a birthday party or backyard barbecue. This category can also include those visiting a business for their own purposes or benefit, such as delivery workers or outside repair crews. In a business setting, the owner must maintain a similarly high duty of care to these individuals.
The unique legal concern with licensees is that you may or may not be able to hold the owner liable for a hazard if they did not know about it. For example, suppose you were invited to an evening party during the winter at a friend’s house. If a pipe had burst outside and made the back patio slippery, but the host was not aware and did not expect visitors to go out in the cold. That is when you need a slip and fall attorney to examine the issue.
Trespassers
A trespasser who is on someone’s property illegally has very little legal standing if they slip and fall. Property owners do not owe them a duty of care, but they also cannot intentionally take any action to cause them harm, such as releasing guard dogs, under the Texas Civil Practice and Remedies Code Chapter 75.
Another exception is when the trespasser is a child or someone with an intellectual disability. Property owners may have items on their premises called “attractive nuisances,” such as pools, trampolines, or playground equipment. These objects can be tempting to those who cannot recognize a risk when entering the property. In these cases, the property owner must take all possible steps to prevent unauthorized access.
Premises Liability Law Addresses Slip and Fall Injuries
Everyone who owns property has a legal duty to protect those who enter that place. Whether it is a home or business, the area of premises liability law governs what happens when someone who owns, manages, leases, or operates a property does not maintain it. Seeking justice when you are injured due to their carelessness is what a slip and fall attorney can help you do.
How Premises Liability Law Applies to These Cases
Premises liability means regularly inspecting a property for potential hazards and correcting them immediately. It also means warning visitors about the issue if it cannot be repaired right away. For example, if a freezer unit in a grocery store leaks water or fluid, the store owner must rope off the area and put up signs to let shoppers know to avoid the area.
Homeowners are also subject to these laws, although with fewer requirements. If you have rickety front steps, you must warn your visitors to be careful of them. Generally, tenants in rental properties should inform guests of anything under their personal control, but are not at fault for hazards that are the landlord’s responsibility.
Common Hazards That Could Lead to a Slip and Fall Claim
Maintaining a property includes looking for hazards in all areas under the owner’s control. Owners are responsible for any dangers they knew about or should have known about through regular inspection, maintenance, or employee reports. Otherwise, they could carry liability if you or your loved one gets injured.
Common ways you could suffer harm due to a slip and fall on someone else’s property include:
- Patches of ice or wet leaves on sidewalks
- Potholes and debris in parking lots and garages
- Landscaping and foliage that extend into paths and walkways
- Poor lighting in hallways, corridors, and around buildings
- Spills around bodies of water, such as pools, fountains, or ponds
- Malfunctuining escalators and elevators
- Loose or broken flooring materials
- Unsecured rugs or carpeting
- Uneven stairways and steps
- Falling debris or merchandise in customer aisles
- Dirty or wet equipment or machinery
In Hunt County, you could suffer a slip, trip, or fall at locations such as Anytime Fitness, fast food or dine-in restaurants, the Loredo Sports Complex, or the Dallas Karting Complex.
Wherever you could fall on liquids, unsafe flooring, or debris, you could sustain injuries that affect you for the rest of your life. When that happens, you need seasoned Greenville slip and fall attorneys to guide you through the process of filing your claim.
Slip and Fall Injuries Can Leave You With Chronic Pain and Other Conditions
A slip and fall is rarely as simple as skinning your knee or suffering a few bruises. Depending on whether you have pre-existing conditions, you could find that your life changes dramatically after falling on someone else’s property. Some examples of injuries you could suffer include the following:
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- Traumatic Brain Injuries (TBI): Bumping your head on the floor or another object can cause coup or contrecoup damage to your brain, potentially affecting your cognitive and physical abilities. You may end up requiring lifelong care and become unable to support yourself.
- Broken Bones: You may shatter your wrist bones by trying to stop your fall with your hands, or break an arm, leg, or facial bones when you contact the ground. Most broken bones heal quickly, but if you have other health conditions, you may experience delayed recovery and extensive pain.
- Back and Spinal Injuries: A fall can cause bulging discs, breaks in your vertebrae, and damage to your spinal cord. All these could significantly affect your movement, even causing paralysis.
- Nerve Damage: You may end up losing sensation in part of your body or the ability to control motion if you pinch or damage a nerve in your fall. You could require surgery to correct the problem, or it may never get better.
- Muscle Tears: Sudden movements, such as falling or hitting other objects, can severely damage your muscles, making recovery difficult and lengthy.
- Internal Injuries: You may suffer internal bleeding, which can be life-threatening, or bruising to your internal organs.
- Facial Injuries: In addition to cuts, bruises, and lacerations to your skin, you could experience harm to your eyes, mouth, nose, and ears. These may lead to vision loss or affect your ability to communicate.
Even if you had a pre-existing condition before you slipped and fell, the property owner can still be found liable for making your condition worse, along with additional damages they caused from their negligence. Our slip and fall attorneys here in Greenville will present evidence clarifying your injuries and the expenses directly resulting from the incident. This allows them to obtain sufficient compensation to cover the full cost of your recovery.
Potentially Liable Parties in a Slip and Fall Accident Claim
Part of your slip and fall lawyer’s job is identifying anyone who is at fault for contributing to your injuries. This can include a number of parties, such as:
- Property owners who did not perform inspections
- Employees who do not follow sanitation and safety protocols
- Contractors or vendors who cause spills or damage to flooring
- Other shoppers or visitors who intentionally cause a hazard without reporting it
- Managers and supervisors who do not train employees on reporting dangers
- Government agencies, if your fall happens on public property or publicly maintained sidewalks
When your case involves a government agency or employee, you may have to meet additional deadlines or file special paperwork before you can bring a lawsuit. Under the Texas Tort Claims Act (TTCA), you must notify the agency within 180 days of your intent to sue, and your potential damage recovery will not exceed $250,000 for bodily injury or death. Some cities or municipalities may have even shorter deadlines.
Your Slip and Fall Attorney Must Demonstrate the Property Owner’s Negligence to Secure Compensation
The law states that a property owner must keep their premises free of dangers. If you bring a lawsuit against someone, you will need to establish how they failed to do so and directly link their lack of action to your injuries. To demonstrate negligence, your Greenville slip and fall lawyer must present evidence supporting the following elements:
- There Was a Dangerous Condition on the Property: The owner has a legal duty of care to prevent or repair the condition or to warn visitors of the issue.
- The Owner Knew or Should Have Known About the Danger: They had knowledge of, or should have had, the problem through inspection, an employee report, or another method.
- The Owner Failed to Correct the Issue: The owner failed their duty of care to visitors by failing to repair the hazard or notify visitors.
- You Suffered Harm: Due to the lack of repair or warning, you slipped and fell, suffering injuires you would not have had if the owner had upheld their duty.
- You Have Associated Damages: You have medical bills and other losses due to your injuries, which the liabile party must repay.
Through the use of photos, videos, witness statements, store accident reports, expert testimony, and police reports, our Greenville slip and fall lawyers will demonstrate how the property owner failed to exercise reasonable care. Our team can present this information during negotiations with insurance companies to secure a fair settlement or to persuade a jury that you should receive compensation during a trial.
We Pursue Maximum Compensation in Your Slip and Fall Claim
Our attorneys will help you file insurance claims, manage discussions with insurance adjusters, and seek full payment for all your expenses. We can handle these concerns while you are healing, reducing your stress and worry. For a slip and fall case, here are the common damages you can claim:
- All medical bills, including surgery, follow-up visits, and therapy
- In-home nursing care or a rehabilitation facility
- Property damage to clothing, jewelry, computers, or cell phones
- Lost wages, bonuses, and other income while you recover
- Loss of earning capacity if you become disabled
Most insurance claims will bring payment for your economic losses, which have a specific value. If your case goes to court, you can include demands for financial acknowledgement of your pain and suffering. This might include permanent disability, mental anguish, emotional distress, and diminished quality of life.
Every case will be different, but your Greenville slip and fall lawyer will try to obtain as much compensation for you through as many avenues as possible.
Smith & Lee Will Pursue Negligent Property Owners on Your Behalf
Since 1983, our law firm has focused on serving residents of Hunt County and all of Northeast Texas with their personal injury legal needs. We provide guidance for filing insurance claims and preparing cases for trial, always treating each client with honesty, integrity, and care. You get the superior legal representation you need from people who know and understand the community where you live.
Free Legal Consultations
When you meet with us during a free case review, we answer your questions, listen to your concerns, and explain how your slip and fall claim could proceed. With this information, you can make the right choice for your needs.
You Don’t Pay Unless We Win
When we accept your case, we can offer a contingency fee payment plan, so you do not pay us until we secure your settlement. You do not have to worry about how hiring and paying a lawyer could add to your financial worries.
A Record of Client-Focused Legal Representation
We believe our reviews from previous clients can give you the confidence to contact us and arrange a meeting today. Our slip and fall lawyers are dedicated to helping you get the justice you deserve so you can move past your injuries.
Contact Our Greenville Slip and Fall Attorneys
You deserve answers when someone else is at fault, and you need experienced legal representation to have the best chance of securing the compensation you deserve. At Smith & Lee, we offer many years of service and a compassionate yet fierce approach to helping our clients. The statute of limitations for filing a personal injury lawsuit is only two years in Texas, so you need to start the process ASAP.
For a free consultation with a slip and fall lawyer in Greenville who cares about keeping the community safe, contact our law firm online. You can also call us at (972) 771-2579.