If you have slipped and fell at a business or on someone else's property, you may be eligible for compensation. Slip-and-fall accidents are a form of personal injury law. To successfully win a slip-and-fall personal injury claim, your fall must have resulted not from your own carelessness, but from slippery floors or objects in the middle of the floor. Many factors are taken into consideration when filing a personal injury claim after a slip and fall, and a personal injury attorney from The Herring Law Firm PC can help you determine if your case is viable.

​

                WHO IS RESPONSIBLE FOR SLIP AND FALL ACCIDENTS?

​

The property owner where your slip or trip accident occurred will likely hold varying degrees of responsibility for the injuries caused by your slip-and-fall accident. You might also hold some responsibility for your own fall. While a property owner is always responsible for maintaining a safe environment, the individual also has a responsibility to use proper care in his or her own actions as well. This includes avoiding situations that may be more dangerous, such as walking slowly across a wet or icy sidewalk, or looking for puddles or fallen objects on the floor of a store.

Determining negligence (carelessness) in a slip-and-fall case is a central part of any personal injury lawsuit. If you were completely negligent and found at fault for your slip-and-fall accident, it's unlikely that a court would award you settlement, or judgment.

       

                COMPERATIVE NEGLIGENCE AND PI COMPENSATION

​

Percentages are used when examining who was responsible for a personal injury case. The court will examine the circumstances and the responsibilities of both the person who was injured and the business/property owner to see what duties of care were neglected before the accident occurred. A percentage of responsibility will be assigned to each party based on the circumstances of the specific accident scenario. The percentage assigned to each party will determine whether an injured individual may be entitled to compensation, and how much compensation an individual might receive in a personal injury claim.

 

 

 

                            HIRING A SLIP AND FALL ATTORNEY

​

It is highly recommended that you consult a slip-and-fall attorney to see if you have the potential to win your personal injury case. Your personal injury attorney will be able to evaluate your slip-and-fall case for no cost and determine if you have a personal injury case that is worth pursuing with insurance or in court.

Contact The Herring Law Firm PC or call us at 830.757.5879

 

                     INFORMATION ABOUT SLIP & FALL ACCIDENTS

                    

Premise Liability Information

​

If I am injured at someone's home or place of business, do I have a way to get my medical bills paid? What if I am unable to work? Can I be compensated for my time off work; for my pain and suffering? What are the basics the law that covers these sorts of questions?

Whenever you are injured on someone else's premises, it must first be determined the reason you were there. Under Texas law, there are three classes of persons when it comes to determining "premise liability" claim.

​

Business Invitee

​

First, there are "invitees". These are persons who are on the premise for some business purpose where there is an equal benefit to both the injured person and the owner of the premise. For instance, if you are shopping in a store, there is a business purpose for you to be there. If you are visiting your lawyer or doctor's office, you have a business purpose for being there. This classifies you as a "business invitee."

​

In the event you are an "invitee", the premise owner is responsible if there is an "unreasonable risk of harm" of which the owner "knows or should have known" about. What this means is that even if you fall on something which shouldn't have been there, you must show that the owner knew about the unreasonably dangerous condition and didn't take action to repair the condition or warn you of the dangerous condition. As you can determine with regards to food on the floor or something of this nature, this could be very difficult to prove the premise owner had knowledge.

​

Licensee

​

Second, there is a "licensee". For instance, if you are injured, while visiting someone's home, you are termed a "licensee". In this instance, there is no particular business reason for you to be there which is of an economic benefit to the owner of the premise (someone’s home). In this instance, the owner must have actual knowledge of the unreasonably dangerous condition and then failed to correct it or failed to warn you about it. In other words, the owner pretty much has to know it's going to hurt you before you can recover.

​

Trespasser

​

Third, there is a "trespasser". If you are on someone's premises without their permission, you are a trespasser and the only duty which they owe you is not to intentionally injure you. Obviously, there are some narrow exceptions to this rule, mostly involving minors, but for the most part, there is not a recovery available in these instances.

​

Medical Payments Coverage

​

Many homeowners and some business owners (though very few grocery store owners) carry what is called Medical Payments Coverage. This is a “no fault” coverage which you are entitled to collect regardless of fault on the part of the premise owner. You should always inquire about this coverage as insurance companies re obvious reasons hesitant to point this our to injured persons. 

Obviously, this summary does not cover all of the law or circumstances with regards to premises injuries. This is a very complex and difficult area of law. We will be happy to discuss with you the particulars of any given case at no charge for an initial consultation. 

 

What To Do

​

Always request that a written report be made. Make sure the manager, assistant manager or the employee signs and prints his/her name on the report. The location and time of the accident is very important. Make sure and take pictures with your cell phone of any food or other foreign object that caused you to slip and fall. Obtain all witnesses names and contact information. The firm cannot stress enough how important it is for you to gather evidence on your own, if capable, at this crucial time. If someone is accompanying you, have them do all those things. It is very important for a winning strategy. Again, please contact an attorney immediately. You can reach The Herring Law Firm at 830-757-5879.