Slip and fall accidents (also referred to as “trip and fall accidents”) are among the most common types of personal injury claims and also among the most misunderstood. While property owners, property managers, and tenants are not required to guarantee the safety of visitors on the property they own or control, they may be liable for failure to take adequate measures to warn visitors or repair hazards that the owner or possessor knows or should know exists.
Many people influenced by the depiction of falls in television and movies believe that slip and fall and trip and fall accidents are minor events that frequently result in bruised egos but rarely cause serious injury. This is a fallacy that is encouraged by many business associations and the insurance industry. The insurance industry has successfully reinforced this false assumption by perpetuating stereotypes in the media of removable neck braces and fall victims who are malingerers and fakers. Despite this depiction of slip and falls and trip and falls by media sources, this type of accidents cause serious enough injury that they send an average of a million people to U.S. emergency rooms each year. Statistics also confirm falls are not minor incidents as they account for half of all accidental fatalities in U.S. homes. Further, a third of people over the age of 65 suffer injury and 1.8 million elderly Americans fall annually.
At FH Law Group we are aware that these serious accidents can result in severe debilitating injuries that include broken bones, head injuries, spinal injuries, traumatic brain injuries, and far too often wrongful death. The misconceptions about the benign nature of most falls often encourage victims who slip on a wet floor or trip over debris in a poorly lit aisle of a grocery store to procrastinate in seeking medical attention. If you are involved in any slip and fall, you should immediately report the incident and seek medical attention even if the symptoms seem minor at the time of the accident.
Understanding Liability for Slip and Fall Accidents in Texas
If you trip or slip while visiting a business, government building, or even a private residence, you might have the right to financial compensation for your injuries. The owner or individual in control of the premises might be liable for negligence in failing to perform a reasonable inspection or maintenance to uncover hidden hazards or to rectify unsafe conditions. Litigation of slip and fall accidents is complex because cases often turn on subtle differences in fact patterns. Multiple factors might impact the scope of the duty owed by the owner or occupier of the property, including the following:
- Purpose of the visitor’s presence on the premises
- Identity of the property (e.g. public, commercial, private)
- Time the hazard was present
- Open and obvious nature of the unsafe condition
- Owner made or naturally occurring hazard
- Procedures in place for performing maintenance
- Awareness of the defendant that the hazard existed
- Environment (e.g. poor lighting, overcrowding of people, etc.)
- Nature of the unsafe condition
Although this is far from a comprehensive list of all of the factors that might be relevant in assessing liability for your slip and fall accident, these considerations reveal the complexity involved in establishing liability in this type of lawsuit. Some of the types of evidence that we analyze when investigating a slip and fall claim include:
- Witness observations including employees
- Lighting in the vicinity
- Security footage from interior and exterior cameras
- Safety and maintenance procedures
- Time that elapsed during which the hazard was present
- Public entity safety reports (i.e. fire inspections, emergency response calls)
- Business records regarding prior similar accidents
- Policies of the entity for preventing accidents
These are some of the facts that we investigate when conducting discovery and examining the site of a Fort Worth slip and fall accident. We often use expert witnesses to testify about friction and resistance in flooring or other relevant scientific factors that may contribute to a fall.
Speak to an Experienced Fort Worth Trip and Fall Attorney Today
If you or someone you love has suffered serious injury or a loved one has died in a fall in Forth Worth or the surrounding areas of Tarrant County, our experienced and dedicated legal team understands the range of emotions and challenges that you face. We will compassionately and zealously advocate for your rights while seeking the best possible outcome. Contact us today for a FREE consultation at (817) 697-4400 or visit our website.
Personal Injury Cases We Handle
The Fulgham Hampton Law Group legal team of injury lawyers provides you with skilled litigators that have tried over 100 jury trials in Texas with expertise in matters ranging from car accident cases, complex cases with insurance companies and skilled settlement negotiations. Our injury lawyers are here to help you navigate the complex legal system and make important decisions to ensure you are fairly compensated for your injuries.
Our legal team of personal injury lawyers has over 45+ years of experience and over 100 jury trials in Texas. Our personal injury attorneys have a stellar reputation for dealing with insurance companies, negotiating favorable settlements with insurance companies, providing a thorough and prompt investigation and fighting to make sure you receive all the compensation your entitled to under the law.
We Get Results
Once you entrust us with your case, we commit to you and your cause and work tirelessly to get you the compensation you deserve. Because we limit the number of cases we accept, our injury attorneys and staff are able to focus on your case and commit the time and resources necessary to achieve the best possible result. We promise you that your case will be handled with compassion and the personal attention and detail you deserve!
Working with this firm was the right decision. From start to finish, everyone knew me by name, treated me respectfully, and gave my case the required attention. Communication was clear and responses were prompt. Not to mention a great outcome. Definitely recommend.Todd S.
The best car accident lawyers you could possibly find in fort worth! They really take care of you and make sure you get the best settlement you could hope for. You will not be disappointed if you work with these people. Super nice and they really care about your situation! Thank you!Kate H.
Excellent customer service throughout the entire process. I would highly recommend this firm. Although ALL of the interactions with the office staff were amazing, hopefully you will get the pleasure of working with Rachel. She was so helpful, kind and professional.Wendi S.
Professional, responsive and helpful. contacted Jeff's on the referral of a friend and not only has every contact with the office been prompt and courteous thanks to Trish and Rachel, Jeff has been a great help. He patiently listened to my explanations and asked me questions to better understand my need, things other attorneys have not done prior to him. He got me answers to issues I had approached me with.Obiora E.
Absolutely delivered exactly what Jeff said he would case dismissed anything you need I highly recommend them thank you again guys so much ????????????????????Jethro T.