How to File a Slip and Fall Claim in Houston

Experiencing a slip and fall injury can be overwhelming, especially when trying to determine how to file a slip and fall claim to secure compensation. Understanding the process is essential for protecting your rights and recovering damages for medical expenses, lost wages, and pain and suffering.

In this guide, we outline the steps to take after a slip and fall accident, explain the intricacies of slip and fall law, and provide tips for successfully navigating a slip and fall lawsuit.

Steps to Take After a Slip and Fall Accident

Knowing what to do after a slip and fall accident can strengthen your claim and ensure you have the necessary evidence to prove liability. Here are the critical steps:

1. Seek Immediate Medical Attention

Prioritize your health by getting evaluated by a medical professional, even if injuries appear minor.

Medical records serve as essential evidence for your slip and fall injury claim.

2. Report the Incident

Notify the property owner, landlord, or manager about the accident. Ensure the incident is documented in writing.

Obtain a copy of the incident report for your records.

3. Gather Evidence at the Scene

Take photographs of the hazardous conditions that caused your fall (e.g., wet floors, uneven surfaces).

Collect contact information from witnesses who can corroborate your account.

4. Maintain Detailed Records

Keep records of medical bills, missed workdays, and other related expenses.

Document your injuries and recovery process with photos and journal entries.

Understanding Slip and Fall Laws in Texas

Texas slip and fall law is designed to hold negligent property owners accountable. To file a successful slip and fall claim, you must prove the following elements:

1. Duty of Care

Property owners have a legal obligation to keep their premises reasonably safe for visitors. This includes:

Regular Maintenance and Inspections: 

This means that property owners should regularly check for and fix any potential hazards on their property.

Promptly Addressing Known Hazards: 

If a property owner is aware of a dangerous condition, they must take steps to fix it or warn visitors about it as soon as possible.

Reasonable Precautions: 

Depending on the type of property and its use, owners may need to take additional precautions to ensure safety, such as providing adequate lighting, clearing walkways, or installing handrails.

2. Breach of Duty

To prove a breach of duty, you must show that the property owner failed to meet their legal obligation to keep the premises safe. This could mean that they:

Failed to Fix a Hazard: 

The owner knew about a dangerous condition but did nothing to fix it.

Failed to Warn of a Hazard: 

The owner knew about the dangerous condition but didn’t warn visitors about it.

Created a Hazard: 

The owner’s actions or negligence directly caused the dangerous condition.

3. Causation

You must prove that the property owner’s breach of duty directly caused your slip and fall accident and resulting injuries. This means that if the owner had fulfilled their duty of care, the accident would not have happened.

4. Damages

To recover compensation in a slip and fall case, you must have suffered actual damages as a result of the accident. These damages can include:

Medical Expenses: 

Costs for doctor visits, hospital stays, surgeries, medications, physical therapy, and other medical treatments.

Lost Wages: 

Income lost due to time off work to recover from your injuries.

Pain and Suffering: 

Compensation for the physical and emotional pain caused by the accident and your injuries.

Loss of Enjoyment of Life: 

Compensation for the inability to participate in activities you enjoyed before the accident.

Additional Considerations

Comparative Negligence: 

Texas follows a modified comparative negligence rule. If you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any compensation.

Statute of Limitations: 

In Texas, the statute of limitations for slip and fall cases is generally two years from the date of the accident. This means that you must file your lawsuit within two years, or you may lose your right to seek compensation.

If you have been injured in a slip and fall accident in Texas, it is important to consult with an experienced personal injury attorney to discuss your legal options. An attorney can help you investigate the accident, gather evidence, and build a strong case to recover the compensation you deserve.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can occur due to a wide array of preventable hazards, including but not limited to:

Wet or Slippery Floors: 

This encompasses a broad range of potential dangers, including spills of liquids like water, oil, or cleaning solutions; leaks from pipes or appliances; and recently mopped or waxed floors that haven’t been properly dried or marked with warning signs. Even condensation on floors in humid environments can create a slipping hazard.

Uneven Surfaces: 

These can include cracked or uneven sidewalks, potholes in parking lots or roads, loose or damaged carpeting, or uneven floorboards. Stairs with damaged or missing steps or uneven heights also fall into this category.

Poor Lighting: 

Inadequate lighting in stairwells, hallways, parking garages, or other walkways can obscure hazards and increase the risk of falls. Burned-out light bulbs, insufficient lighting fixtures, or obstructions that block light can all contribute to poor lighting conditions.

Cluttered Walkways: 

Obstacles such as boxes, merchandise, electrical cords, or debris in aisles, corridors, or other walkways can trip people and cause falls. 

This also includes objects protruding from shelves or displays that can catch on clothing or bags.

Weather-Related Hazards: 

Failure to adequately address snow, ice, or rainwater accumulation on walkways, entrances, or parking lots can create slippery conditions and lead to falls. 

This includes failing to remove snow or ice, apply de-icing agents, or provide adequate drainage to prevent water accumulation.

Inadequate Handrails or Guardrails: 

Missing, loose, or damaged handrails on stairs or ramps can increase the risk of falls, especially for elderly individuals or those with mobility issues. Similarly, missing or inadequate guardrails on balconies, decks, or elevated walkways can lead to falls from heights.

Defective or Damaged Equipment: 

This can include many items, such as broken or malfunctioning escalators or elevators, damaged playground equipment, or faulty shopping carts.

Lack of Maintenance: 

Failure to regularly inspect and maintain property for potential hazards can increase the risk of slip and fall accidents. This includes not only fixing existing hazards but also proactively identifying and addressing potential dangers before they cause accidents.

How to File a Slip and Fall Claim in Houston

Filing a slip and fall claim involves multiple steps. Follow these guidelines to ensure your case proceeds smoothly:

1. Contact a Texas Slip and Fall Lawyer

Working with an experienced slip-and-fall lawyer near you can help you navigate the legal process, gather evidence, and negotiate with insurance companies.

2. File an Insurance Claim

• Notify the property owner’s insurance company of your intent to file a claim.
• Provide supporting documents, including medical records and photos of the accident scene.

3. Negotiate a Settlement

Most slip-and-fall claims are resolved through negotiations. Your attorney can advocate for fair compensation for your injuries.

4. File a Lawsuit if Necessary

If a settlement cannot be reached, your lawyer can initiate slip-and-fall litigation to pursue damages in court.

Do You Need a Lawyer for a Slip and Fall Accident?

While it is possible to handle a slip-and-fall claim independently, working with a skilled slip-and-fall attorney significantly improves your chances of success. A lawyer can:

• Investigate the accident and identify liable parties
• Gather compelling evidence
• Negotiate with insurance companies
• Represent you in court if needed

What Damages Can You Recover in a Slip and Fall Case?

Victims of slip and fall injuries may be entitled to compensation for:

Medical Expenses: 

Current and future medical treatments.

Lost Wages: 

Income lost due to time off work.

Pain and Suffering: 

Emotional distress and diminished quality of life.

Property Damage: 

Costs associated with damaged personal items.

FAQs About Slip and Fall Claims

What is the average settlement for a slip and fall claim?

The average settlement for a slip and fall claim varies significantly based on several factors. These factors include the severity of the injuries sustained, the degree of negligence on the part of the property owner, and the jurisdiction where the incident occurred.

It is crucial to consult with a qualified personal injury lawyer to obtain an estimate that is specific to the details of your case. 

They can assess the value of your claim based on medical expenses, lost wages, pain and suffering, and other relevant factors.

Can I file a claim without witnesses?

Yes, you can file a slip-and-fall claim even if there were no witnesses present at the time of the incident. 

While witness testimony can be valuable, it is not the only form of evidence that can support your claim. 

Other types of evidence that can be used include photographs or videos of the scene, medical records documenting your injuries, and expert testimony regarding the cause of the fall and the extent of your damages.

What is the statute of limitations for slip and fall claims?

The statute of limitations, which is the deadline for filing a slip and fall lawsuit, varies depending on the jurisdiction where the incident occurred. 

It is crucial to consult with a lawyer as soon as possible after your fall to ensure that you are aware of the applicable deadline and that you file your lawsuit within the required timeframe. 

Failing to do so may result in your claim being barred.

This means that if you were partially responsible for your fall, your compensation may be reduced in proportion to your degree of fault. 

For example, if you were found to be 20% at fault, your damages may be reduced by 20%. 

However, other jurisdictions follow a contributory negligence rule, which bars recovery altogether if you were even slightly at fault.

How does insurance involvement affect my claim?

Slip and fall claims are typically handled by the property owner’s liability insurance company. The insurance company will investigate the claim, assess liability, and negotiate a settlement. 

It is important to have a lawyer represent you in dealings with the insurance company to ensure that your rights are protected and that you receive fair compensation for your injuries. 

An experienced lawyer can help you navigate the claims process, gather evidence, negotiate with the insurance adjuster, and, if necessary, file a lawsuit and take your case to trial.

Contact the Houston Slip and Fall Lawyers at DeHoyos Accident Attorneys in Houston for Help Today!

If you’ve been injured in a slip and fall accident in Houston, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The experienced Houston slip-and-fall lawyers at DeHoyos Accident Attorneys can help you navigate the legal process and fight for the compensation you deserve.

Don’t wait to get the help you need. Contact DeHoyos Accident Attorneys today for a free consultation. We will review your case, explain your legal options, and help you take the next steps toward recovery.