Houston Slip and Fall Accident Attorney
Slip and fall cases are some of the most highly publicized personal injuries cases, but this does not mean you should not receive the compensation you deserve and receive the best legal help in your case. Slip and fall cases occur on a daily basis due to the negligence of different types of business owners. If not for their carelessness, you would not be injured, and it is important to state your rights to any claim.
Slip and fall cases
Slip and fall accidents can occur at almost any place you visit as a guest. Slip and fall is a term that describes an injury which occurs after a person slips on a hazard on another person’s property. Most of the time, they occur after a premises owner is negligent in cleaning up a spill, but they can also occur as a result of negligently placed wires or other obtrusive items. This can result in severe injuries to a guest who falls on the wet or slick surface. Common properties which slip and fall cases occur on include:
- Grocery Stores
- Retail Stores
- Other people’s homes
Texas has very detailed rules regarding the rights of individuals who visit any property as a guest, in which case they receive the highest protection under the law. Public property owners must keep their premises safe for all guests and any hazards which cause injuries are the fault of the owner. In order to pursue a slip and fall accident case, we must be able to prove that the owner of the establishment knew about the dangerous situation did nothing to rectify it, or the owner created the dangerous situation. Slip and fall cases involve many different Texas laws and regulations. It is therefore important to protect your rights and enlist the assistance of an experienced personal injury attorney as soon as possible. Each case is different because each accident involves different injuries and different locations.
Victims of Slip and Fall Accidents
Injuries from a slip and fall case can include broken bones, lacerations, bruising, and even concussions. It is not your duty to inspect a property for any potential hazards to avoid, and therefore you should not have to deal with the repercussions of your injuries. We need to discuss the case shortly after it occurs so all events are fresh in your mind, and to ensure we can inspect the property in the condition it was in when the injury occurred. Many times, the property owner will fix or clean up the hazard which caused your injury, so it is important to take note of the environment existing at the time of your injury.
Slip and Fall and Home Owner Associations
Many slip and fall accidents happen not at your local grocery store or shopping mall, but right at home. Injured parties mistakenly believe that because a slip and fall injury occurred in their home or on their premises, they are solely responsible for the incident. In many instances, however, this is not the case. For example, if the homeowners’ association (HOA) is in charge of the maintenance and upkeep of your property, you may have grounds to sue the HOA for failure to detect and repair the hazard that caused your accident. Here’s what you need to know about the HOA and slip and fall accidents.
Homeowner Association Liability
Most HOAs are in the charge of a board of directors. The board may hire a property manager to handle day-to-day upkeep and maintenance of a property. The HOA is responsible only for the repair and maintenance of common areas – meaning it is almost never liable for injuries that occur within your home. Speak to an attorney to learn more about your particular situation regarding an in-home slip and fall accident. If the HOA fails to hire the right people to properly maintain a property, leading to an injury, it may be responsible for the damages.
It is the HOA’s responsibility to hire and retain crewmembers to maintain a property, including contracting a snow removal team to prevent snow and ice buildup. While ice isn’t often a problem in Texas, uneven curbs and obstructed walkways are common hazards the HOA is responsible to repair. The HOA is also in charge of making sure a building adheres to all the right codes and regulations for construction. If a stairway violates a building code, making it inherently dangerous, a person who falls down the stairs and suffers an injury may have the HOA to blame.
If the victim of a slip, trip, or fall accident brings a claim against the HOA for negligence, he or she bears a burden of proof. Due to the high number of fake slip and fall claims against Texas HOAs in recent years, the courts demand a certain level of proof before ruling in a plaintiff’s favor. The plaintiff must prove that a dangerous condition existed on the property, this condition posed an unreasonable risk of harm, and that the HOA knew or should have known about the condition and did nothing to fix it. Proving fault in a slip and fall accident requires the help of a team of attorneys.
Who Pays for Damages?
Slip and fall accidents can be catastrophic, especially for the elderly. An uneven curb or faulty staircase can lead to broken bones, concussions, head and brain injuries, and neck and back injuries. A victim of a slip and fall accident may suffer chronic pain and never fully recover. If the HOA could have prevented your harmful accident, you have the right to bring a claim against it in a Texas court.
If a plaintiff proves a slip and fall case against the HOA, the HOA’s insurance company pays for damages. Damages may include medical bills, pain and suffering, lost wages, and emotional distress. There may be other defendants who are also responsible for your accident, such as a third party contractor or company the HOA put in charge of maintaining a property.
Brian White | Houston Slip & Fall Attorney
If you have been the victim of a dangerous situation resulting in a slip and fall injury, please contact Brian White today to get the compensation and rights you deserve. Brian White is an experienced Houston personal injury attorney with years of experience in accident cases, including slip and fall cases. Brian White can assist you in navigating the complex Texas laws regarding slip and fall cases, and ensure that you do not get short sighted by the legal system. Call us today for a free initial consultation so we can review your case. Premise liability cases must be brought within a specific time period, so it is important to contact us as soon as possible so we can ensure your case gets settled.