The Colony Slip and Fall Lawyer
Slipping on a spill at a grocery store or falling down poorly maintained stairs can be devastating to a person, especially to those who are elderly or who have other medical conditions. Broken bones or bruises are almost sure to result, and more severe situations can lead to traumatic brain injuries, hip and knee damage, and trauma to the spine and neck.
The costs associated with these and other injuries can be equally substantial. Medical care, surgeries, and reparative procedures are only a few of the many expenses those harmed may face. If a landowner failed to remove tripping hazards from their property in The Colony, a slip and fall lawyer might be successful in helping injured claimants recover compensation for the harm they suffered. A skilled injury attorney could help you hold negligent property owners or other defendants accountable for their oversights.
Basics of Trip and Fall Lawsuits
In a slip and fall case, the claimant generally must prove three elements to prove premises liability. First, the injured party must establish that the property owner owed a legal obligation to take certain precautions toward the claimant. For claimants invited onto the defendant’s property for personal or business reasons, the defendant must make a reasonable inspection of the property and protect them against hazards that are or should be obvious. Defendants owe fewer duties toward individuals they do not invite onto their properties. However, the defendant may not willfully or wantonly injure a trespasser.
Next, a claimant’s evidence must show that the defendant violated these obligations by committing a careless, reckless, or willful act. This element may be satisfied by a showing that the defendant:
- Failed to clean up a spill or mess on the floor promptly
- Did not repair an uneven walkway or dangerous stairway promptly
- Set a “spring trap” or other device designed to maim, injure, or kill others
- Failed to fence, rope off, or limit access to hazards like swimming pools
Last, the claimant must connect the defendant’s actions or inaction to their injuries and the compensation they are seeking. If the injured person would have suffered the same harm or losses regardless of the defendant’s behavior, then their suit will likely fail. People injured by tripping or falling may wish to work alongside a qualified lawyer in The Colony to evaluate and file their claims promptly.
Time Limits for Filing a Civil Claim in The Colony
Injured parties who believe they have a slip and fall claim should file their claim within two years from the date they suffer their injuries per Texas’ civil claim statute of limitations. If an injured person fails to commence their lawsuit before the legal deadline expires, the court could permanently dismiss the case, barring a claimant from recovering compensation.
Contact a The Colony Slip and Fall Attorney About Your Claim
If you have suffered an accident while visiting another’s property in The Colony, a slip and fall lawyer could review your case and explain your legal rights. An experienced attorney could gather and preserve necessary evidence and assist you in pursuing the compensation to which you may be entitled. To learn more, schedule your initial case consultation.