When a slip and fall accident occurs, you may face significant medical bills, lost wages, and physical pain. These incidents can happen anywhere—from grocery stores and restaurants to office buildings and private residences—often resulting from negligent property maintenance or hazardous conditions.
At Byrd Davis Alden & Henrichson, LLP, we represent individuals who have suffered injuries due to the property owner’s failure to maintain safe premises. Our attorneys work diligently to investigate your case, determine liability, and pursue the maximum compensation you deserve for your injuries.
Understanding Slip and Fall Accidents in Texas
Slip and fall accidents fall under premises liability law in Texas. Property owners and occupiers have a legal duty to maintain reasonably safe conditions for visitors and warn them about known dangers. However, the specific duty owed depends on your status on the property.
As an invitee (customer, client, or other business visitor), you receive the highest level of protection. Property owners must regularly inspect their premises, remedy hazards, and warn about dangers they knew or should have known about. For licensees (social guests), owners must warn about or fix known dangers. Even trespassers have limited protection against willful or grossly negligent conduct.
Common causes of slip and fall accidents include:
- Wet or slippery floors without proper warning signs
- Uneven walking surfaces or unexpected changes in floor levels
- Poorly maintained staircases with broken steps or missing handrails
- Inadequate lighting in walkways or parking areas
Recognizing these hazards can help you understand the basis for your potential claim and the property owner’s responsibility.
Proving Negligence in Your Slip and Fall Case
To succeed in a slip and fall claim, you must prove four key elements:
- The property owner owed you a duty of care
- They breached this duty through negligence
- This breach directly caused your injuries
- You suffered actual damages as a result
Evidence plays a crucial role in establishing these elements. We help gather documentation such as:
- Photographs of the accident scene and hazardous condition
- Surveillance footage showing the incident or the condition
- Witness statements from people who saw the fall or knew about the hazard
- Incident reports filed with the property owner or manager
- Medical records connecting your injuries to the fall
These forms of evidence create a comprehensive picture of the incident and strengthen your claim for compensation.
One challenging aspect of slip and fall cases is proving the property owner knew or should have known about the dangerous condition. According to the National Floor Safety Institute, falls account for over 8 million hospital emergency room visits annually, representing the leading cause of visits (21.3%).
The timing of your injury can also impact your case. For instance, if you slip on a recently spilled liquid in a grocery store, the defense might argue employees didn’t have reasonable time to discover and address the hazard. Our legal team knows how to counter these arguments with effective strategies based on our extensive experience with premises liability law.
Time Limits for Filing Your Claim
Texas imposes a two-year statute of limitations for personal injury claims, including slip and fall accidents. This means you generally have two years from the date of your accident to file a lawsuit. Missing this deadline typically bars you from pursuing compensation.
However, certain exceptions may apply in limited circumstances:
- If you were a minor when the accident occurred
- If you were mentally incapacitated
- If the defendant left the state temporarily
Understanding these exceptions may help preserve your right to seek damages in specific situations.
We recommend consulting with us promptly after your accident to ensure compliance with all legal deadlines and preserve valuable evidence. Early investigation often yields the strongest results, as conditions can change, witnesses may become difficult to locate, and surveillance footage might be deleted over time.
Potential Compensation for Slip and Fall Victims
If your slip and fall claim succeeds, you may recover various types of damages:
Economic Damages
These compensate for financial losses with specific dollar amounts:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Rehabilitation costs
- Property damage
These damages aim to restore your financial position to what it was before the accident occurred.
Non-Economic Damages
These address subjective, non-monetary losses:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Physical impairment or disfigurement
These damages acknowledge the personal toll your injuries have taken beyond calculable financial costs.
Texas follows a modified comparative negligence rule, meaning your compensation may be reduced if you were partially responsible for your accident. If you’re found to be more than 50% at fault, you cannot recover damages. This makes having skilled legal representation especially important in cases where the defense might try to shift blame to you.
Insurance companies often employ tactics to minimize payouts, such as questioning the severity of your injuries or suggesting you were at fault. Our Austin slip and fall lawyer anticipates these strategies and build robust cases to counter them, ensuring your rights remain protected throughout negotiations or litigation.
Common Injuries in Slip and Fall Accidents
The injuries resulting from slip and fall accidents can range from minor to catastrophic, depending on factors such as the height of the fall, the surface impacted, and the victim’s age and health. Common injuries include:
Fractures and Broken Bones
Wrists, arms, ankles, and hips frequently sustain fractures during falls, particularly when victims instinctively extend their arms to break their fall. Elderly individuals face even greater risks, with hip fractures potentially leading to serious long-term health complications.
Soft Tissue Injuries
Sprains, strains, and tears to muscles, tendons, and ligaments may not be immediately apparent but can cause significant pain and mobility issues. These injuries often require physical therapy and extended recovery periods.
Head and Brain Injuries
Falls are among the leading causes of traumatic brain injuries (TBIs). Even seemingly minor head impacts can result in concussions, with symptoms potentially emerging days after the incident. More severe falls may cause bleeding, swelling, or permanent brain damage.
Contact Our Austin Slip and Fall Lawyers
Navigating a slip and fall claim requires thorough knowledge of Texas premises liability law and experience handling insurance companies. Our Austin slip and fall attorney at Byrd Davis Alden & Henrichson, LLP have been serving Austin residents for over 60 years, establishing a reputation for achieving favorable outcomes in even the most complex cases.
We understand the physical, emotional, and financial toll these accidents can take on victims and their families. Our team provides personalized attention and aggressive representation to help you recover the compensation you deserve. Call us today at (512) 866-1649 or visit our contact form to schedule a consultation.