As many as one in four adults nationwide experience a fall each year, and thousands of those individuals are Texans, according to Texas A&M Health Science Center.
Why Choose Our San Marcos Slip and Fall Lawyers?
If you or someone you love is one of the many hurt by a slip-and-fall and you weren’t at home at the time, it’s important to determine if the property owner was to blame. You may be able to pursue a legal claim for compensation and George Salinas Injury Lawyers can help. Our firm charges no legal fees unless we win your case and we have decades of collective experience.
To find out more about how a San Marcos slip and fall attorney can advocate for you when you’ve fallen, give us a call at (210)-225-0909 today to schedule your free consultation.
Common Causes of San Marcos Slip and Fall Injuries
Falls can happen for many reasons including:
- Uneven or broken tiles
- Poorly lit walkways
- Clutter and debris
- Slippery floors
In many cases, the property owner is wholly or partly to blame for the incident. However, even if you share fault, you can still pursue a claim for partial damages in some circumstances.
Texas Code Section 33.001 says that “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.” This means that as long as the property owner is at least 51% the cause of the fall, they should be liable for at least part of your losses.
Sec. 33.003 does make clear that the “trier of fact,” will determine the percentage of the blame attributed to the defendant, and that your damages will be reduced based on your proportion of the blame.
What Are Your Rights After a Slip and Fall Injury in San Marcos?
After a slip and fall injury in San Marcos, you can pursue a claim for compensation if you can prove the property owner or occupier did not live up to their obligations to you. Those obligations depend on what your status is on the property. There are several possible options:
- Invitees: Rosas v. Buddies Food Store defines an invitee as a person “who enters on another’s land with the owner’s knowledge and for the mutual benefit of both.” They are owed the highest duty of care.
- Licensees: Wilson v. Nw. Tex. Healthcare Sys., Inc. defines a licensee as someone who “enters and remains on the premises with the owner’s consent and for the licensee’s own convenience.” They’re owed an intermediate duty of care.
Trespassers are a third category of visitor, but they are there without permission and are entitled to very limited protections under the law. Property owners can’t hurt them on purpose, of course, and if they create conditions likely to put them at risk, like an unsecured swimming pool, they can be held accountable even for harm to a trespasser.
If you can prove that the property owner where your fall happened failed to fulfill the obligations that apply based on your status, you should be entitled to payment for all fall-related injuries and losses with the help of a San Marcos personal injury attorney.
Contact Our San Marcos Slip and Fall Attorneys Today
George Salinas Injury Lawyers will help you determine the cause of your fall and take steps to hold the property owner liable for your losses. Give us a call today at (210)-225-0909 or contact our firm online to schedule a free consultation with a San Marcos slip and fall lawyer and learn more about how we can help you.