Slip & Fall Accident Attorney San Antonio
While a “slip and fall” probably sounds like an almost comical event, there is nothing funny about these dangerous accidents—they can often turn into complicated legal claims. Texas property owners owe their visitors a duty of care to ensure that no one is unnecessarily injured on their premises. However, hazards do occur in businesses and on private property, and slips and falls injure many people on a regular basis. If you’ve been injured in a San Antonio slip and fall accident, you need experienced legal counsel—and you should not hesitate to call the Law Offices of George Salinas in San Antonio for help.
Do You Have a Premises Liability Claim?A slip and fall accident is a premises liability case, and every case must be evaluated according to its own specific details. Before a claim can move forward, the cause of the accident must be determined. If you, as the injured party, are less than 50 percent responsible for your own injury, and if another party is identified as being at least 50 percent responsible for your accident, you may have a viable claim. While determining the percentage of negligence may seem nonsensical, it allows the court to ascertain whether your own carelessness may have significantly contributed to your accident. This is known as comparative negligence, and it means that you—as a guest on someone else’s property—are expected to exercise your own reasonable caution and to avoid dangers and hazards that should be obvious and clear to you. In other words, bringing a slip and fall claim—in and of itself—is complicated. The premises liability lawyers at The Law Offices of George Salinas will work with you to determine whether you have a claim and will guide you on the subsequent path to just compensation.
Elements of a Slip and Fall Case
- In Texas, the courts require a fact pleading, which amounts to an outline of your case’s specific facts and allows the court to determine whether these facts encompass all the elements necessary for a premises liability claim. Several distinct elements must be present before a property owner can be held liable for your slip and fall injuries:
- Your presence on the property was lawful (you weren’t trespassing).
- The defendant either owns or possesses the premises on which you were injured.
- The property’s condition caused you to face unreasonable risk of harm.
- The property owner either knew or should have known about the hazard.
- The property owner failed to either remedy the hazard or to adequately provide warning of its presence.
- The failure by the property owner caused your injuries.
- You suffered real damages with verifiable expenses.
- The property owner created the hazardous condition that caused your slip and fall accident.
- The property owner was aware of the dangerous condition that caused your accident but failed to take the necessary steps to fix the problem.
- A reasonable person would have discovered and fixed the hazardous condition that caused your injury, and therefore the property owner should have done the same.
Common Slip and Fall CausesWhen you enter a business or property as a welcome guest or customer, you do so with the reasonable expectation that you won’t be injured by hazardous conditions or dangerous disrepair. However, several injurious property conditions are common:
- Sidewalks, walkways, or entryways are uneven, crooked, or cracked
- Common areas have dangerous or hazardous components
- Wet and slippery surfaces
- Snow packed and icy surfaces
- Rough, bunched, or torn carpets or floors
- Spills that are a routine part of the business’s operation that go uncorrected
- Less than adequate—and thus hazardous—lighting and merchandise displays
What to Do NextIf you’ve been injured in a slip and fall accident on commercial property, you can take some important steps to protect your rights and your claim. First and foremost, always seek immediate medical attention if you’ve been seriously injured. If you can’t take care of the next steps on your own, enlist a friend or family member to do so:
- File an accident report with the manager or owner of the property on which you were injured, file a police report, or do both. Retain copies of these reports for your case file.
- Collect photographic evidence of the hazardous condition(s) that led to your injury.
- Collect eyewitness statements and contact information.
- Collect and compile receipts for all the expenses (including medical) that you incur due to your slip and fall accident.
Injuries Common to Slip and FallsSlip and fall accidents can range from mild to life-threatening, but several injuries are commonly associated with such accidents:
- Broken or fractured bones
- Back and neck trauma
- Traumatic brain injuries (including concussions)
- Spinal cord injuries
- Joint, ligament, and other soft tissue damage
- Severe cuts and bruises
If You’ve Been Injured in a Slip and Fall Accident, Contact a Skilled San Antonio Slip and Fall LawyerSlip and fall accidents can be extremely dangerous and costly. If a Texas property owner’s negligence has caused you injury, seek experienced legal counsel. These cases are complicated, but the knowledgeable slip and fall attorneys at The Law Offices of George Salinas have the skill and determination to fight for your rights and to move your claim toward its best possible outcome. We’re here to help, so please contact our office online or call us at (210) 225.0909 to schedule an appointment today.
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"He helped me understand every stage of my case and fought hard for me. I was proud to have him on my side."