How Negligence Leads to Falls

Property owners who invite the public onto their premises to do business must keep their property free of hazards and dangerous conditions. A commercial property owner or lessee must conduct regular inspections to discover hidden dangers and repair them as soon as reasonably possible. The owner must post warnings if they cannot correct a dangerous condition immediately. Unfortunately, owners do not always inspect as often as they should, or they may defer maintenance, allowing unsafe conditions to develop and persist. Some examples of conditions that could lead a visitor to slip or trip include:

  • Poor lighting
  • Broken steps or steps in unexpected locations
  • Flimsy, broken, or unsecured railings
  • Wet floors
  • Items blocking aisles
  • Poorly marked steps in unexpected locations
  • Broken floor tiles
  • Loose or damaged carpet

When an individual falls due to a preventable hazard in a place that is open to the public, the property owner is likely negligent unless the individual was trespassing when they fell. If the individual was a social guest or visiting a property for their own purposes, the property owner has a more limited duty to keep the premises safe from dangerous conditions that the owner has actual knowledge of. A seasoned Rockwall slip and fall attorney could assess the circumstances around a specific fall and determine whether the owner was negligent.

Steps to Take After Tripping and Falling Down

An individual’s conduct after falling and injuring themself could impact an eventual claim for damages. It is critical for someone injured in a fall to keep in mind the possibility that anything they say or do could strengthen or weaken their case. A person injured in a fall should not push themselves to get up or walk. Instead, they should proceed with the utmost caution and request medical assistance. If the property owner offers to call an ambulance, it is wise to accept. Fall victims who do not go to the hospital immediately should seek medical treatment as soon as possible.

Failure to get care promptly could lead an insurer to question whether the fall caused an injury. Make written notes of what happened or dictate recollections into a phone or to a friend or family member. Having a contemporaneous record of the incident is important. Take pictures of the area, including the hazardous condition, if possible. Finally, call a Rockwall trip and fall injury lawyer immediately. A legal professional at our firm could begin building a negligence case and handle any communication with the property owner or the owner’s insurance company.

Reduced Damages Possible if Plaintiff Was Negligent

When an injured person has some responsibility for the accident that caused their injury, they might not collect all their damages. Texas Civil Practice and Remedies Code §33.003 establishes the doctrine of proportionate responsibility, meaning that every negligent party must pay damages in proportion to their degree of fault. This law provides an incentive for negligent property owners to shift blame onto an injured party, reducing the property owner’s share of the damages. An experienced Rockwall attorney could collect and present evidence establishing that the property owner’s negligence had a larger role in the slip and fall accident than the injured person’s own conduct.

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Trust a Rockwall Slip and Fall Attorney with Your Claim

If you were hurt in a preventable fall, bringing a claim for damages is your right. You should not bear the financial consequences of your injury. A Rockwall slip and fall lawyer could guide you throughout the legal process to ensure you receive the settlement award you deserve. Make an appointment to speak with a local legal professional about your fall today.

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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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