Austin Slip and Fall Lawyer
The terms “slip and fall” and “trip and fall” refer to a type of accident caused by someone else’s negligence. Often, these accidents occur in restaurants or grocery stores, because of a wet spot or piece of debris on the floor. The reasons behind those hazards are what determine whether a business, or a party responsible for oversight of a property, is liable for a person’s injuries.
Texas law requires property owners to exercise “reasonable care” in maintaining their premises. In a restaurant, that would include cleaning up spills, keeping floors free of debris, and using cautionary signs to alert customers when a floor is wet. Of course, no restaurant manager could be aware of every spill, or every crumb on the floor – if a spill occurs and causes someone to slip and fall moments later, the manager would likely not be liable for resulting injuries. But if the management was aware of the spill and left it there for a few hours, the court could find them negligent and order the payment of damages to the injured party.
The Evans & Herlihy Law Firm understands how to prove negligence in a personal injury case. Securing favorable settlements helps our clients move on with their lives and recover from the financial, physical, and emotional strain of an accident. If you’ve been injured in a slip-and-fall or trip-and-fall accident, we may be able to help. Call us today at (855) 414-1012.
The Impact of Falls
Injuries from falling are the most common reason for emergency room visits, and they can be the most expensive. According to the federal Agency for Healthcare Research and Quality, in 2010, falls accounted for the highest costs among patients treated in the emergency room and then admitted to the hospital. Their costs were $9.2 billion; motor vehicle accident patients’ costs were $5.1 billion.
- Are the leading cause of traumatic brain injury
- Accounted for 54 percent of TBI-related emergency room visits, hospitalizations, and deaths in 2013 among children younger than 14
- Are the leading cause of non-fatal and fatal injuries in people aged 65 and older
- Commonly cause fractures of the hip, hand, spine, pelvis, ankle, arm, or leg, especially among older people.
People older than 65 generally take longer to recover from serious injuries – and some may never fully recover. Medical costs can be especially high if the injury victims require residency in a long-term care facility or ongoing personal assistance with daily living.
Injuries arising from slip-and-fall accidents can cause secondary problems, especially if an injury interferes with the victim’s ability to work.
In a case that lasted several years, a 77-year-old florist was awarded more than $331,000 in damages to compensate her for future lost wages. The woman severely injured her hand at a Sam’s Club store when she tripped over a “kink” in a floor mat.
When an accident causes you to miss work or renders you permanently unable to work, you might worry about your financial future. But if that accident was caused by the negligence of another, you may be entitled to compensation for lost wages.
In many personal injury cases, a single individual is seeking damages from a large business that has a team of lawyers. These corporate legal teams will do whatever they can to cast doubt on an injured person’s claim of negligence, or to prove that the victim shares some responsibility for an accident. They may try to discredit your version of events through expert or medical testimony.
Some injury victims may be so intimidated by the idea of going to court that they decide to not pursue a case, or they accept a low settlement because they don’t think they can do better. Having legal representation increases your chances of getting a fair settlement, and around 96 percent of personal injury cases are settled in pretrial negotiations.
When Injuries Happen on the Job
Many notable slip-and-fall and trip-and-fall cases have involved the customer-business relationship. But businesses may also be found liable for injuries to their employees, if they fail to correct defects that could lead to slipping or falling.
In 2016, the Occupational Safety & Health Administration fined Tyson Foods for dangerous conditions at its Dallas plant. Among other violations, inspectors found workers were routinely exposed to slip-and-fall and trip-and-fall hazards due to improper drainage and recessed floor drains.
Restaurant workers are particularly at risk of slipping and tripping, as fluids and oils accumulate on floors. The National Restaurant Association advises restaurant owners to use non-slip, non-skid flooring to keep workers safe, especially in kitchen areas and behind the bar.
Texas employers can fire employees who complain of injuries, so some workers are afraid to speak up when they are hurt on the job. If you’re in this situation, it’s important to talk to a personal injury attorney right away, so you know what your rights are.
Holding Parties Accountable
A slip-and-fall accident can cause injuries that require hospitalization, surgery, or recurring and ongoing medical needs, exhausting your financial resources. So if you believe your accident was caused by the negligence of another, you should investigate all of your options for pursuing monetary damages. Find out whether you have a case. Call us today at (855) 414-1012, or contact us online for your free, no-obligation consultation.