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Slip and fall injuries, often dismissed as minor accidents, can sometimes lead to substantial losses affecting your health, finances, and overall quality of life.
Whether it’s a wet floor at a grocery store or a poorly maintained staircase, a slip and fall can cause injuries in the range of minor cuts and bruises to even fatalities.
A Fort Worth slip and fall attorney can help you assess the extent of your losses and determine whether you have a negligence lawsuit against the owner or manager of the place of injury.
Understanding the legal implications of a slip and fall, as well as the benefits of hiring a DFW-based lawyer can help you make the right decision going forward.
Key Takeaways
- Slip and fall accidents in Fort Worth can lead to substantial losses and injuries, including fatalities.
- When a slip and fall accident is the primary result of someone else’s negligence, the injured person can seek out a claim for compensation to recover their losses.
- A Fort Worth slip and fall attorney with the right background and experience can help you maximize your recovery.
Slip and Fall Accidents: Important Statistics to Know
Each year, there are over 44,686 unintentional fall deaths according to the Centers for Disease Control and Prevention (CDC). This is equivalent to 13.5 deaths per 100,000 people.
Slip and fall accidents can lead to fatal injuries whether they occur from a significant height or from ground level.
Even when falls are not fatal, they can still lead to substantial injuries that require a long-term recovery period and other issues.
Over 800,000 patients are hospitalized every year as a result of a fall injury, many of which are hip fractures or head injuries.
Slip and Fall Laws in Texas
Under the ‘premises liability’ laws of Texas, property owners and managers (we have used “owners” for convenience) have a legal obligation to ensure the safety of their premises for visitors. While all hazards or accidents cannot be avoided, property owners must take reasonable steps to ensure the safety of their property and warn guests about dangerous conditions. For example, the store manager at your neighborhood grocery store must clean up a spill or otherwise, inform shoppers about the danger.
When a property owner’s negligence leads to an accident, premises liability laws enable the injured person to seek out a civil claim for compensation from the liable party.
Understanding and applying slip and fall laws can be challenging, which is why it is recommended to hire a local legal pro for help.
Modified Comparative Negligence
In Texas, your ability to get compensated for your losses after a slip and fall will depend on your degree of contribution to your accident. Under the modified comparative negligence standard followed in Texas courtrooms, a plaintiff can recover compensation if they were less than 51% at fault.
An experienced slip and fall attorney can help collect the right evidence so you can secure the compensation you deserve.
Invitee vs. Licensees vs. Trespassers
While the law of negligence states that a property owner owes a certain degree of care toward the people on their premises, the degree of care owed differs based on whether someone is an invitee, licensee, or a trespasser:
- Invitee: An invitee is a person who has consent to be on the property, such as a hotel guest. A property owner is liable to an invitee for dangerous conditions they knew about or should have known had they exercised reasonable diligence in inspecting the premises.
- Licensee: A licensee is someone who is on a property for business or commercial reasons, i.e. for their own benefit. An example of a licensee would be an agent from a utility company who has entered a property to work on a connecting pipe. A property owner must warn licensees of known risks and make a known unsafe condition safe where possible.
- Trespasser: The third category, a trespasser, is someone who is on the property without permission. A property owner owes a minimal duty of care to trespassers, and will be held liable for conduct such as setting up fatal ambush devices.
Most Common Causes Behind Slip and Fall Accidents in Fort Worth, Texas
Here are some of the most common causes of slip and fall accidents in Fort Worth, Texas:
- Insufficient lighting
- Broken stairs
- Uneven floors
- Cluttered walkways
- Unsecured objects on a walkway
- Wet, icy, slippery floors
- Loose cables or electric wires
- Inadequate safety features like installed handrails
- Damaged, broken, or missing floorboards
Construction and Building Slip and Falls
The Dallas-Fort Worth area is one of the country’s fastest-growing areas, with many people having moved there in recent years. According to recent estimates, the city would need to construct at least 19,000 new apartment units every year until 2035 to meet housing demands.
Apart from residential projects, there has been a lot of construction in the oil and gas sector to keep up with the ongoing demand for pipelines, drilling, and refineries.
Construction and building work done negligently can result in people getting seriously injured due to uneven flooring, broken stairways, and other issues like rugs or carpets coming undone.
With the growing Fort Worth population, there has been an increase in motor vehicle traffic, especially trucking traffic. Given the rise in traffic and motor vehicle accidents, the Texas Department of Transportation is working on building new driving infrastructure to support the growing population and number of workers.
Weather-Related Slip and Falls
According to the National Weather Service, Fort Worth experienced about 29.31 inches of rain in 2023 and 36.64 inches in 2022. Winter in northern Texas can also result in snow and ice forming on roadways, posing a major slip and fall hazard.
Injuries from slip and fall accidents can range from mild to serious ones such as traumatic brain injuries (TBIs), hip fractures, broken bones, and more. Weather is also a common cause of Fort Worth car accidents.
Since this is a known hazard, property owners should be vigilant during times of adverse weather. When a business is open, for instance, the owner has a duty to ensure that walkways are safe and ice-free.
During rainy weather, it might be necessary to install anti-slip rugs in entranceways or provide other safety measures for guests.
Who is Liable for a Slip and Fall Accident?
Since premises liability laws apply to different categories of private property owners, there can be a variety of slip and fall claims.
Housing Authorities
Owners and authorities in charge of housing units are responsible for taking reasonable steps to ensure their tenants’ safety.
The following parties could be held accountable after a slip and fall that could’ve been avoided with proper due diligence:
- Nursing home business owners
- Apartment complex managers
- Landlords
- Property management companies
- Hotel owners
Essential Services
Owners and operators who provide essential services to customers can also be held liable for slip and fall accidents when they happen in:
- Private parking lots
- Hospitals and medical offices
- Gas stations
- Elevators/escalators
- Office spaces
Recreation
Premises liability laws also apply to recreational establishments like:
- Swimming pools
- Movie theaters or concert venues
- Amusement parks
- Restaurants and bars
- Hotels
- Shopping malls and other stores
An important concept to bear in mind is whether a building has an ‘attractive nuisance’, or a dangerous artificial condition likely to attract children to trespass on a property and get hurt.
This may include an old, abandoned swimming pool or an amusement park. Property owners have a higher duty of care toward such children and can be held liable for a slip and fall injury.
The Physical and Financial Impact of Slip and Fall Accidents
The physical and financial impact of slip and fall accidents may vary, depending on their severity, the extent of injuries/losses suffered, and the estimated period of recovery. While premises liability laws are meant to protect injured parties, not all slip and fall accidents can lead to claim compensation, especially if the losses are minimal or not adequately established by a competent attorney.
Common Slip and Fall Injuries
A slip and fall can lead to injuries ranging from minimal cuts and bruises to fatal wounds.
Here are some of the most commonly reported injuries in Fort Worth:
- Emotional distress, including post-traumatic stress disorder, depression, anxiety, and more
- Spinal cord and neck injuries
- Nerve damage and paralysis
- Broken bones and soft tissue damage
- Soft tissue damage (sprains and bruises included)
- Head injuries and TBIs
- Internal bleeding
- Organ damage
- Surface cuts and lacerations
- Wrongful death
After a slip and fall, it is best to get a full checkup to ensure there are no hidden injuries that you are unable to discover due to adrenaline and other pain-numbing chemicals.
Sometimes, a slip and fall accident may cause delayed symptoms that may be difficult to determine without medical help.
The Cost of Slip and Fall Accidents
The injuries associated with a slip and fall in Fort Worth, TX can go up to very significant amounts. For instance, a person with a TBI pays an average of $600,000 to $1,875,000 over a lifetime in medical costs alone.
In addition, one would need to factor in losses such as:
- Lost wages
- Future ability to earn an income
- Emotional distress
- Loss in quality of life
These additional factors play a big role in increasing the costs for individuals impacted by such injuries. For instance, only about 12% of individuals who experience a spinal cord injury are employed after a year, and only about one in three work 20 years after the injury.
According to The Kaiser Family Foundation, Texas has the third most active physicians in the country, with nine hospitalsin Fort Worth, and about 68,143 physicians.
The number of options can make it overwhelming to find a doctor. However, not all doctors treat slip and fall injuries, or are receptive to being involved in legal cases.
If you’re struggling to find a doctor who will work with you, a local legal expert can connect you with the right provider.
What to Do After a Fort Worth Slip and Fall Accident
If you experience a slip and fall accident in Fort Worth, here are a few basic steps you should follow:
- Check for severe injuries before moving: Immediately after your fall, you must check yourself and others around you for injuries.
- Document evidence and scene: If possible, document the scene and start collecting evidence. A slip and fall lawyer can help explain the type of evidence one may need to collect, such as photographs and videos of the accident site, witness’ contact details, and security cam footage.
- Seek medical care: Get a head-to-toe assessment done at a hospital or clinic. It is important to get medical careeven if you’re not sure how injured you are since adrenaline can mask pain and make it difficult to spot hidden injuries. A local attorney can help connect with a doctor who works with insurance cases or takes medical liens.
- Contact a Fort Worth personal injury attorney: Your personal injury attorney can be your biggest asset in determining liability and compensation, and representing your interests to concerned parties.
- Let your Fort Worth lawyer talk to insurance on your behalf: An experienced legal professional understands how third-party insurance claims work and can tackle all pesky insurance-related communications on your behalf.
- Negotiate a settlement: Your lawyer will negotiate a settlement that allows you to get the maximum possible recovery from your slip and fall lawsuit.
- Go to court, if needed: While most cases do not go to trial, you want trial-ready personal injury lawyers who will be prepared for a potential lawsuit from day one.
How Much is My Fort Worth Slip and Fall Case Worth?
Every slip and fall case is unique, so it’s not possible or ethical to predict how much your case will be worth. In general, though, your case is often worth the extent of your losses, both economical and non-economical.
Since various factors can impact the value of your claim, it’s best to talk to an experienced slip and fall lawyer with a track record of success in handling similar claims.
For example, DFW Injury Lawyers has secured a slip and fall settlement amounting to $318,267.69 for a client.
Note that past results do not guarantee future success, but can give a fair idea of what personal injury cases are worth in Texas.
“Slip and fall claims are tricky because the laws in Texas make it difficult to recover damages sustained from a slip and fall. The laws require “notice” of a dangerous condition on the part of the property owner in order to hold them liable. Proving notice takes thorough investigation and fact gathering by an experienced lawyer. And, it is imperative that you hire a personal injury lawyer as soon as possible after a slip and fall accident to evidence related to proving notice is not destroyed.” – Founding Partner Kevin Edwards
The legal muscle you need to win
Working With Slip and Fall Attorneys: FAQs
1. How Much Time Do I Have to Contact an Attorney After a Fort Worth Slip and Fall Accident?
After an accident, the statute of limitations or time limit to seek out a Texas personal injury claim is typically two years. There are a few exceptions, like for accidents that happened when the plaintiff was a minor or had not reasonably discovered their injuries until a later time.
It is advisable to contact an attorney sooner since slip and fall losses can pile up, and only an experienced attorney practicing in the area will be aware of legal nuances that can make or break your case.
2. How Do I Find the Best Attorney for Slip and Falls?
Finding the best attorney for slips and falls takes some effort and due diligence on your part. First, you need to know that different lawyers have different areas of expertise.
Not every lawyer will provide the same quality of service either. To find the right representation, you should look for a local lawyer with experience handling similar claims.
You may also want to check out the attorney’s testimonials and Google reviews. You can schedule a free consultation to talk to shortlisted lawyers and select someone who will personally work with you on your legal goals.
3. How Much Does it Cost to Hire a Fort Worth Slip and Fall Attorney?
Many personal injury firms work with injured clients on a contingency fee basis. This type of payment arrangement means that you won’t have to pay anything until you win your claim and receive your settlement check. At that point, your lawyer will receive a predetermined percentage of your overall settlement award.
Talk to a Fort Worth Slip and Fall Attorney for a Free Consultation
Have you experienced a slip and fall accident in Fort Worth that led to serious losses on your part? Do you have a reason to believe that another person’s negligence caused or contributed to your accident? Slip and fall accident injuries can change your life. Experienced Fort Worth slip and fall accident lawyers get you the compensation you deserve.
A Fort Worth slip and fall attorney can talk to you about the circumstances of your accident, inquire more about your losses, and inform you about your legal options.
Here at DFW Injury Lawyers, our team can assist you in determining whether you have a potential slip and fall lawsuit in Fort Worth. Schedule a consultation with our team now to get started.
Fort Worth Office Location
4200 South Fwy Suite 2335,
Fort Worth, TX 76115
817-646-2527