An experienced personal injury attorney who knows the law will tell you that fall injury claims are among the most difficult injury claims to prove in Texas. Many times clients are surprised to hear that merely because you fall and are injured on someone’s property that does NOT automatically make the property owner responsible for your injuries. And that is probably a good thing because if property owners were automatically responsible for injuries on their premises it would open the door to fraudulent claims. For a property owner in Texas to be responsible for your injuries and damages in a slip-and-fall, trip-and-fall or other type of fall-down claim, you must be able to provide evidence that the property owner was negligent, and that the property owner’s negligence caused or contributed to your fall. Negligence in Texas is generally defined as the failure to exercise the ordinary care expected of a reasonable, prudent person acting under the same or similar circumstances. Put another way, negligence means somebody did something careless, or they were careless because they did not do something.
In a fall injury claim there are three ways to show the property owner’s negligence caused your fall: (1) evidence that the property owner knew or reasonably should have known of the dangerous condition BEFORE you fell, but they did not warn you of it and they did not make it safe; or (2) evidence that the property owner or one of its employees actually created the dangerous condition themselves BEFORE you fell, but they did not warn you of it and they did not make it safe; or (3) evidence that even if the property owner did not actually know about the dangerous condition BEFORE you fell, the dangerous condition had existed for a long enough period of time that the property owner should have found it and warned you about it and made it safe.
When it comes to getting fall injury claims resolved, the devil is in the details. Getting witness statements as soon as possible is very important. It is also important to put the property owner on notice to preserve any evidence, such as video footage that may show the fall and more importantly, what caused the fall in the first place. Fall injuries are not to be taken lightly and can result in very serious injuries such as fractures, broken bones, torn ligaments, closed head injuries, knee injuries and lacerations. Many people injured in falls require expensive medical care such as consultations with orthopedic specialists or neurologists, diagnostic testing such as Magnetic Resonance Imaging (MRI) and in some cases surgery.
Houston personal injury attorney Daragh Carter has handled hundreds of fall injury claims and has successfully resolved fall injury lawsuits against grocery stores, apartment complexes, hardware stores, restaurants and other property owners. If you have been injured in a slip-and-fall, trip-and-fall or other premises accident, call or email Daragh Carter or submit your fall injury case online. You can also check out the Texas fall injury claims Youtube video explanation in the resources section of this web site.