What Qualifies as a Slip and Fall Accident?

Someone who has suffered an injury from slipping and falling while lawfully on another person’s or a business’s property may be eligible for compensation.

Slip and falls may occur due to:

  • Surface conditions, including uneven walking surfaces, loose flooring, wet floors, and potholes in parking lots where the owner or business has not posted warning signs
  • Environmental conditions such as poor lighting, excessive glare, cords, or other items on the surface area or a transitional area, such as from tile to carpet
  • Damaged or missing safety features, including stairs without a handrail or a loose handrail, steps that are not stable or are slick because of recent polishing, or trash on the stairs

The first step in trying to prove the property or business owner could have prevented the slip and fall is to take note of any contributing factors and consider the injuries.

Proving a Case After a Slip and Fall Accident

Proving that a slip and fall accident occurred and that the responsible person or business should compensate the injured person is not easy, making it crucial to work with an experienced Sachse slip and fall attorney. Such instances fall under Texas’s “premises liability” laws. A skilled lawyer could help the injured person argue that someone failed to warn them of danger and that they sustained injuries as a result.

For example, in Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322, (Tex. 1994), a person fell and broke their ankle at Walmart. Since Walmart installed the ramp, the assumption is that they knew the risk and failed to warn the person of possible injury.

In the Walmart case example, the owner or operator of the property knew of the condition. They did not post a warning about a ramp or a step-up. Had Walmart posted a notice before the person fell, it may have avoided liability.

After a trip and fall incident, an injured person should take the following actions:

  • Seek medical attention as soon as possible
  • Report the accident to a property owner or manager
  • Avoid making any statements
  • Avoid offering any insurance information
  • Talk to witnesses
  • Take photographs

Above all, an injured person should seek legal counsel about their situation. A well-practiced slip and fall lawyer in Sachse could help them get through the legal claims process and explain whether they have a viable case.

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Get in Touch With a Sachse Slip and Fall Attorney

Someone injured in a slip and fall may not remember—or may not be able—to take the suggested actions. For that reason, and because of the complexity of Texas’s “premises liability” laws, a knowledgeable lawyer’s guidance is essential for establishing a claim and building a strong case.

Time is also of the utmost importance. According to Sec. 16.003 of the Civil Practice and Remedies Code, the statute of limitations on slip and fall claims is usually two years. If you are pursuing a case against a municipality, that city’s charter could further limit your time to file suit.

McCraw Law Group is here to help you with all your personal injury claims. Simply contact us to speak with a dedicated Sachse slip and fall lawyer.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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