Premises Liability Lawyers in San Antonio
CALL (512) 246 2224 TO SPEAK WITH A SAN ANTONIO SLIP AND FALL LAWYER FOR FREE
A “Slip and Fall” accident seems like something trivial that must happen to people every day. However, the injuries that can occur after a slip and fall accident can be anything but trivial and can in fact be quite serious in some cases. Moreover, slipping and falling at work or in a public place can oftentimes be the fault of another person’s negligence, and thus the injured person may be entitled to file a legal claim.
Under Texas law, a property owner owes a duty to keep their premises safe to anyone who enters upon their property for a lawful or business purpose. These property owners have a duty to check for unnecessary dangers. If you are injured at work, at a business, or on the property of another person after showing that their property contained a hazard that the property owner knew about and failed to remedy, you may be entitled to recover legal compensation.
If you or a loved one has been injured in a premises liability or slip and fall accident, call Zinda Law Group at (512) 246-2224 for a 100% free case evaluation with a San Antonio slip and fall lawyer today!
What Are My Rights After a Slip and Fall Accident?
If you have slipped, fallen, and sustained an injury on someone else’s property, you may be entitled to legal compensation for your injuries. However, your ability to recover depends on a few key factors such as what type of property you were on, why you were there, and your degree of culpability in the accident itself.
Usually when you are on private property, you are known as a licensee. This means someone has given you a “license” or permission to be on his or her property. In this type of scenario, the landowner has a duty to warn you of any dangers that are known to them. If you are injured on their property by a hazard they had no knowledge of, you likely can’t prove they were negligent.
Alternatively, if you are at a business such as a store or a restaurant, you are known as an invitee. This means that although storeowners and restaurant managers aren’t exclusively inviting you onto their property, they have extended to you an implied invitation to be there because you both are enjoying a mutual benefit. You get to eat and they get paid. Here, the landowner has a duty to warn you of known danger, but they also need to take reasonable care to check for any dangers that may be unknown to them. If they didn’t know of a hazard and took the proper steps to inspect their property for hazards, you likely won’t be able to prove they were negligent.
Your degree of culpability also plays a major role. Essentially, this means that if you were at fault in some way for your accident and thus subsequent injuries, you may be limited in your ability to seek compensation. In order to be eligible to potentially seek the full amount of compensation you may be owed, you need to show that the landowner was more than 50% at fault for the accident.
What is Premises Liability?
Premises liability claims speak to the legal obligation that property owners have to keep their premises’ safe and free of unnecessary danger. A slip and fall claim is just one type of premises liability claim. Slip and falls are considered to fall under the category of premises liability because often times people slip on the property of another because the property owner has failed to warn them about some type of hazard such as a wet floor. Therefore, the property owner has not kept their premises safe of unnecessary dangers for others.
Here are a few of the elements you must prove in order to state a claim for premises liability in Texas:
- You were lawfully on another’s property
- The property contained a hazard that put you at risk
- The property owner either knew or should have known about the hazard
- The property owner did not warn you about the hazard nor did they fix it
- This hazard caused you to sustain injury
Common Slip and Fall Accidents
Here are a few of the common slip and fall accidents that can occur on someone else’s property:
- Slipping on an oily or greasy substance: For example, when you are filling up your tank at the local 7/11 and slip on some motor oil or spilled gasoline.
- Slipping on a wet floor: For example, you are grocery shopping in Walmart and slip on a spilled gallon of milk.
- Slipping on a workplace hazard: 2014 data from the Bureau of Labor Statistics cites that approximately 261,930 private and public sector workers missed one or more days of work that year due to workplace fall accidents.
What to do After a Slip and Fall Accident
1.) Seek Medical Attention
The first thing you should do after an injury is to seek medical attention. The best way to be able to fight for the compensation you deserve is to make sure first and foremost you are in good physical and mental health. Seeking the treatment of a medical professional can also serve as important evidence in your case because you will have proof of your injuries and treatment plan.
2.) Report the incident
File an accident report with the property owner and file a police report. This will create an official documentation of what happened that could be used later on to fight your claim.
3.) Document the scene
It’s important to take photos of the scene where you slipped and fell. These photographs will serve as important evidence of what the hazard looked like at the time you actually slipped on it. If you slip on a puddle of water in a restaurant and you don’t take a photo, someone may clean it up once you leave. In this case there is no evidence to support your story. Timely documentation is key.
4.) Contact a slip and fall attorney
If you have sustained an injury after a slip and fall on someone’s property, contact Zinda Law Group today to see if you have a legal claim for compensation.
Slip and fall accidents can cause a wide array of injuries. Sometimes these injuries are extremely minor and sometimes they are quite severe. Some of the common injuries that occur as the result of a slip and fall accident include, but are not limited to:
- Broken bones
- Fractured bones
- Back injuries
- Neck injuries
- Soft tissue injuries
- Brain injuries
- Cuts and scrapes
Making a Claim
These are the steps you should take to file a personal injury claim:
1.) Seek medical treatment
As mentioned above, always seek medical treatment as soon as possible. Seeking the advice of a medical professional can serve as an important starting point in treating your injuries and filing your claim.
2.) Speak with an attorney
Contact an attorney as soon as possible. The best way to make sure your best interests are protected is to have an experienced and skilled attorney on your side.
Contact your insurance provider and the insurance of the person you are suing to let them know you plan to file a claim.
3.) Negotiate a settlement
After you have contacted the insurance of the opposing party, they will likely reach out to you with an offer of settlement. You can choose to accept this offer, negotiate it further, or decline a settlement. Your attorney will be able to provide important advice on how to navigate this process.
4.) File a lawsuit if you can’t come to an agreement
If you and the opposing party cannot reach an agreement on a settlement offer, you have the option to file a legal claim and go to trial.
When you file a slip and fall claim, you may be eligible to receive two different types of compensation for your injuries. These two types of compensation are economic damages and non-economic damages.
This includes compensation for things such as past and future medical bills, lost wages as the result of missing work for your injuries, and other incidentals like gas money for driving to and from doctors appointments.
These are less tangible. Non-economic damages are things such as pain and suffering. Pain and suffering is not easily quantifiable and is very dependent on your specific circumstances.
Legal Time Limits
In Texas, you have exactly 2 years from the date you were injured in order to file a legal claim for compensation after a slip and fall. This time limit is known as the statute of limitations. Every state has a different statute of limitations on different types of legal claims. Therefore, if you do not live in the state of Texas make sure to check what the legal time limits are in your state for filing a personal injury claim.
OUR SAN ANTONIO PREMISES LIABILITY ATTORNEYS CAN HELP
At Zinda Law Group, our San Antonio premises liability lawyers have helped injury victims pursue compensation for medical bills, property damage, lost wages, pain and suffering, and much more. We have the knowledge and resources necessary to help you build the strongest case possible and seek maximum compensation for all the ways your injuries have cost you.
If you or a loved one has been injured on another’s property, call Zinda Law Group at (888) 659-9392 for a 100% free case evaluation with our San Antonio premises liability attorneys.
Meetings with attorneys are available by appointment only.