Houston Slip and Fall Lawyer

Slip and fall (or trip and fall) accidents have been viewed with suspicion due to the belief that these types of premises liability claims can be fraudulently filed.

The fact is that many people each year are seriously injured on commercial and other properties due to the negligence of the owner. When this happens, the victim is entitled under the law to bring a claim for compensation against the owner and their insurance company. Our Houston slip and fall lawyers can help.

The law regarding premises liability for slip and fall injuries has been around for centuries and is meant to protect people from dangerous property conditions. Despite the beliefs of some people, slip and fall and trip and fall accidents can cause serious injuries.

Slip and fall accident victims can suffer many injuries, including spinal injuries, broken hips and other broken bones, and traumatic brain injuries. If you’ve been hurt in a slip-and-fall accident and are dealing with any of these common injuries, you need the help of a personal injury lawyer.

Types of Slip and Falls in Stores, Restaurants, and Other Commercial Places

Our Houston slip and fall injury attorneys deal with all types of slip-and-fall cases.

Here are a few common types of slip and fall cases that occur regularly in stores and other commercial properties, including:

• Wet Floors after cleaning. When a store, office, or other business cleans a floor, it is important to warn the public by putting up signs warning about the slippery floor.  It is surprising how many times this simple security step is not taken.  If you are injured in a slip and fall due to this negligent activity, you are entitled to seek compensation for your injuries.
• Substances are dropped on the floor by others. Certainly, it is often the case that customers drop an item in a grocery store and just leave it there without notifying the store management. If this happens and then another customer immediately slips and falls into the substance, the store would likely not have liability. However, if the substance is on the floor for an unreasonable time or if an employee sees it before the slip and fall but takes no action, the store would be liable for the injuries.
• Defective surfaces. Uneven or broken surfaces can subject the property owner to liability for a slip and fall claim if the defect is considered an unreasonably dangerous condition.
• Conditions created by the Owner or Employees. Sometimes, a slip and fall are caused by a condition such as a spill created by an employee of the company or store. In this case, a claimant would not need to show many other facts of negligence – an employee leaving a spill on the floor would be a negligent act and certainly could be unreasonably dangerous.

If you’ve been hurt by a fall caused by one of these hazardous conditions, get medical attention and then contact our attorney right away for legal help with your injury claim.

Can Anybody Hurt on Someone’s Property File a Claim?

Yes, however, unlike other personal injury cases, the status of the injured party makes a difference in a property injury case. When you are on the property of another, you are considered an invitee, licensee, or trespasser. Your status as one of these affects your rights if you are injured. A slip and fall lawyer in Houston can help.

What is an Invitee?

An invitee is the most common type of plaintiff in a slip-and-fall case. An invitee is a person who goes on somebody else’s property after an express or implied invitation and for the mutual advantage of the invitee and the property owner. Folks who are injured in a grocery store or other business are considered invitees. The greatest duty of care is owed to an invitee to ensure that the conditions are as safe as possible for customers.

What is a Licensee?

A licensee is a person permitted to enter the property but is considered a licensee for their own purposes. The most common form of licensees includes utility workers and social guests.

What are Trespassers?

As the name suggests, a trespasser is somebody who enters the property without any permission or right. To determine if somebody was a trespasser, one only needs to see if they have no authority or permission to be on the property. The fact that the trespasser does not know they are doing so does not make any difference.

What Duty is Owed to a Slip & Fall or Trip & Fall Victim?

Under Texas premises liability law, the duty owed by a property owner to a slip and fall victim depends upon their status as an invitee, licensee, or trespasser:

Invitees

Owners of property owe invitees the duty to exercise ordinary care to keep the premises in a reasonably safe condition and make safe any defects to prevent slip and fall injuries or to give an adequate warning.

Four things must be shown to prove a slip-and-fall claim for an invitee such as a customer in a grocery store:

1. The owner or occupier had actual or constructive knowledge of some condition on the property;
2. The condition posed an unreasonable risk of harm;
3. The owner or occupier failed to exercise reasonable care to reduce or eliminate the risk; and
4. The failure to exercise reasonable care was the proximate cause of the injuries sustained in the slip and fall.

Licensees

An owner’s duty to a licensee in a slip and fall or any other premises liability case includes the following:

1. Not injure them willfully, wantonly, or through gross negligence.
2. Make safe or warn of any known dangerous condition

Trespassers

Trespassers are owed the lowest duty under the law in that they can only bring a claim if they are injured willfully, wantonly, or through gross negligence. However, in the case of children, the attractive nuisance doctrine applies and can subject a property owner to liability for trespassing children.

Get Help from a Highly Rated Slip and Fall Attorney in Houston

If you have been injured in a slip and fall or trip and fall accident on another’s property, contact Board-Certified Personal Injury Lawyers at Fleming Law for a free consultation. Call our Houston slip and fall accident lawyer at our law offices at 737-201-0543 today. Our experienced slip and fall attorneys in Houston are waiting to help you with your slip and fall injury accident claim and make sure the party responsible for your injuries is held liable.

Our attorneys can help you seek compensation for your medical bills, lost wages, and even pain and suffering. We’ve been helping accident and injury victims with slip and fall claims for years, and we are ready to help you.