Slip and Fall Accidents
San Antonio Slip and Fall Accident Lawyer
Slip and fall lawsuits are some of the most common premises liability cases. Property owners should take care of their property and provide a safe environment for their visitors. When they act negligently and ignore dangerous conditions, visitors can slip and fall, becoming seriously injured. If you’ve been hurt in a slip and fall accident, the good news is that you can pursue legal action against the property owner. Every slip and fall accident lawyer at Janicek Law has years of experience in helping San Antonio residents sue negligent property owners. We are ready to help you too.
To discuss your slip and fall case with one of our experienced attorneys, call 210-366-4949 to schedule a free consultation today.
What is Premises Liability Law?
Premises liability law is a tort that falls under the larger personal injury legal umbrella. These types of personal injury cases allow injured individuals to pursue legal action against property owners if injured on their premises.
Successful premises liability cases must show that the property owner failed to make necessary repairs or warn about a hazard, leading to the slip and fall injury. Working with an experienced San Antonio slip and fall attorney is critical when pursuing this type of lawsuit, as they can be extremely challenging to prove.
Common Types of Premises Liability Violations
Several types of accidents fall under premises liability law. The most common premises liability accidents are listed below.
- Slip and Fall Accidents: Slip and fall accidents are probably the most common type of premises liability lawsuit. Property hazards, like wet or slippery floors, poor lighting, broken stairs or handrails, loose carpeting, and icy sidewalks, can cause slip and fall accidents.
- Swimming Pool Drownings: Swimming pool drownings are another type of premises liability accident. If public pools don’t have enough CPR-trained lifeguards on duty, the results could be fatal. Also, if the public pool doesn’t warn swimmers about slippery edges, they could be seriously injured in a slip and fall accident.
- Amusement Park Accidents: Although amusement parks must follow strict safety measures, accidents can still occur. There are many ways that amusement park owners can be liable for damages. Injuries caused by a malfunctioning ride can result in a premises liability lawsuit. Also, if the amusement park fails to warn patrons about the risks associated with riding certain rides with health conditions, the owner could also be liable for injuries.
- Dog Bites: Since dog bites often occur on private property, they fall under premises liability law. Dog bite victims can sue the property owner if they knew (or should have known) that the dog had aggressive tendencies and failed to warn that the dog was dangerous (with a sign or verbal warning), they didn’t restrain the dog properly, and/or the injured person did not provoke the animal.
- Negligent Security: Some premises liability accidents can happen when a property owner doesn’t provide enough security measures. These measures include security cameras, security guards, doors with working locks, alarm systems, fences/gates, proper lighting, and more. The owner could be liable if a person were injured on a property lacking security measures.
Slip and Fall Accident Statistics
Elderly adults are more likely to be involved in a slip and fall accident. According to the Centers for Disease Control (CDC), three million older adults receive medical treatment for slip and fall injuries each year. Those older adults who have fallen are not likely to tell their doctors. In fact, the CDC states that less than half will notify their doctor. This can be especially dangerous because adults who fall are more likely to fall again.
However, older adults aren’t alone in alarming slip and fall statistics. According to Injury Facts, over 42,000 people died in slip and fall accidents at home or work. They also report that more than 6.8 million people visited emergency rooms for injuries related to slip and fall accidents.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can happen anywhere and injure anyone, regardless of age. The most common causes of slip and fall accidents are:
- Uneven surfaces
- Wet floors
- Cluttered passageways
- Loose cords and wires
- Snow and/or ice-covered walkways
- Poor lighting
- Broken stairs and handrails
Common Slip and Fall Injuries
Individuals hurt in slip and fall accidents may experience the following types of severe injuries:
- Back and spinal cord injuries
- Neck injuries
- Traumatic brain injuries
- Nerve damage
- Broken bones
- Major scarring, bruising, and/or lacerations
- Skull and facial fractures
- Partial or complete paralysis
- Muscular sprains and strains
If you believe your injuries were due to negligence by the property owner or other liable party, you could be entitled to compensation. Contact a San Antonio slip and fall injury attorney today to learn more.
Possible Liable Parties for Slip and Fall Accident Claims
The responsible party in your slip and fall case will depend on where the accident and injury occurred. Slip and fall accidents happen at public parks, hotels, apartment complexes, schools, government buildings, hospitals, etc. So, where the slip and fall accident occurred will determine who is liable for damages. Potentially responsible parties include the general property owner, cleaning company, government entity, groundskeeper, or landowner.
A slip and fall lawsuit can be extremely challenging, especially since there can be more than one liable party. The San Antonio slip and fall injury attorneys from Janicek Law will evaluate your claim and find the party responsible for your injuries.
What to Do After a Slipping and Falling on Someone’s Property
Following a slip and fall accident, your next steps can be critical, especially if you want to pursue legal action against the property owner.
First and foremost, it’s important to seek medical treatment. Even if you don’t think your injuries are serious, visiting an ER or urgent care can provide you with medical records that will be useful in a slip and fall lawsuit. Those records will include medical treatments for your injuries and if any follow-up care is needed.
Next, you’ll want to file an incident report with the company or building that might be responsible. If they don’t provide you with a way to file an incident report, document important details like:
- The location, date, and time the slip and fall accident happened
- Information from anyone else involved in the accident
- Names of potential witnesses
- Any events leading up to the accident, like were they mowing or cleaning the property
- Environmental conditions, if applicable (was it raining or snowing?)
- Any injuries you sustained
Take photos and videos of where the slip and fall accident occurred. Photograph or video any safety hazards or other conditions that led to your accident. Also, take photos of your injuries.
Once you’ve received medical treatment, filed a report, and gathered evidence, contact a slip and fall lawyer at Janicek Law. Our attorneys will evaluate your slip and fall case and help you pursue legal action if necessary.
Should I Speak With an Insurance Adjuster After a Slip and Fall Accident?
Before you discuss your slip and fall incident with your insurance company, it’s important to consult with your slip and fall lawyer first. The adjuster or agent will usually ask certain questions to get you to admit fault for the slip and fall accident or at least admit partial fault. If the adjuster can get you to admit to some responsibility, the insurance company will not owe as much for damages.
Your slip and fall lawyer will know this tactic and will prepare you for those questions. While it’s important to let your insurance company know about the slip and fall injury, it’s recommended to let your slip and fall injury lawyer work with your insurance company on your behalf.
How to Prove Negligence in a Slip and Fall Case
A slip and fall lawsuit is similar to other personal injury cases in that your attorney must prove that negligence occurred. At Janicek Law, your slip and fall attorney will help you establish the four elements of negligence.
Property owners owe a duty of care to all visitors on their property. This duty of care includes monitoring the property and fixing hazardous conditions promptly.
Property owners breach this duty of care when they fail to fix dangerous conditions or warn visitors about potential hazards.
Due to the dangerous conditions on the property, someone was hurt in a slip and fall incident.
The victim should receive fair compensation for damages.
The “Open and Obvious Defense” in Slip and Fall Claims
The “open and obvious” defense asserts that property owners cannot be held liable for injuries sustained by individuals who encounter open and obvious hazards.
In other words, if a hazardous condition is readily apparent to a reasonable person and could have been avoided through reasonable caution, the property owner may not be held responsible for any resulting accidents.
The “open and obvious” defense is highly debatable because of the different interpretations of what is considered an obvious hazard. Working with an experienced attorney at Janicek Law can help you defeat this defense if it happens to come up during your case.
Slip and Fall Accident Damages
If you were injured in a slip and fall accident, you could be entitled to both economic and non-economic damages. Economic damages have a monetary value, like medical bills and lost wages. Non-economic damages, on the other hand, do not have a monetary value and are much harder to quantify.
The slip and fall injury lawyers at Janicek Law will help you recover compensation for the following types of damages.
- Medical bills
- Rehabilitation costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Permanent disabilities or disfigurement
Texas Statute of Limitations for Slip and Fall Accidents
The statute of limitations in slip and fall lawsuits is two years from when you were injured or discovered your injuries. Even though two years may seem like a long time to file a case, it’s critical to contact the slip and fall attorneys at Janicek Law immediately.
How a San Antonio Slip and Fall Accident Lawyer Can Help You
A slip and fall lawsuit is a complicated legal battle that only the most experienced attorneys can handle. Since these claims can potentially have multiple responsible parties, they can be even more complex. The slip and fall attorneys at Janicek Law understand the laws surrounding premises liability lawsuits in Texas and will do everything in their power to recover fair compensation for your injuries.
As mentioned above, your slip and fall attorney will work with you to prove that the four elements of negligence occurred. In doing so, you will also establish the liable party in the slip and fall lawsuit.
For example, if you slipped and fell due to an unmarked wet area at your apartment complex, you could hold the owner liable for damages caused by your injuries because they owed you a standard duty of care. By failing to mark the wet spot properly, they breached that duty of care, leading to your injuries.
Win a Fair Settlement
The attorneys from Janicek Law understand what fair compensation is for damages following a slip and fall accident. When you choose our law firm to represent you, you can trust that your attorney will settle for nothing less than what is owed to you. Whether your slip and fall lawsuit is against a property owner or the large company that owns the property, you can rest assured that your slip and fall attorney won’t back down from a fight.
A settlement is the best and quickest option for anyone involved in a slip and fall lawsuit. It’s often a less expensive one as well. Around 97% of civil cases settle outside of court, according to the American Bar Association.
Represent You in Court
If necessary, your San Antonio slip and fall attorney will take the fight to court if they cannot agree on a settlement. While a trial is often the last option when litigating slip and fall cases, your attorney will pursue a trial if they think it’s the only way to recover fair compensation.
A trial can be an added source of stress for anyone, but you can trust that your legal team from Janicek Law will be with you every step of the way. In many cases, a settlement is reached during the civil litigation.
Call a San Antonio Slip and Fall Accident Lawyer Today
Slip and fall lawsuits are one of the more complicated legal proceedings in premises liability law. The laws can often be complicated, making it difficult for the injured party to prove fault. When pursuing such a complex lawsuit, you want a legal team with knowledge and experience who can handle even the toughest fight.
At Janicek Law, your slip and fall lawyer will evaluate your case to determine if you have a claim. If so, they will begin the legal process to help you recover compensation for damages incurred from the accident. In addition to handling the legal proceedings, your attorney can also work with your insurance company on your behalf in order to protect your claim.
To learn more about filing a slip and fall lawsuit in San Antonio, schedule a free consultation with one of our experienced attorneys by calling 210-366-4949.