If you’ve suffered a slip-and-fall accident in Texas and you’re looking for a lawyer, make sure you understand all of your rights—along with the requirements you must meet to pursue a claim.
Slips, trips, and falls are one of the leading causes of preventable accidents in the United States. According to the National Safety Council, they sent more than 8 million Americans to the emergency room in 2019, and they led to nearly 40,000 deaths across the nation.
Thousands of slip-and-fall accidents occur in Texas every day. They happen in homes, stores, offices, parking lots, and anywhere else you find foot traffic. Negligent property owners cause the vast majority of them.
Texans who have fallen on properties owned by others may be entitled to financial compensation. If you believe you have a Texas slip-and-fall claim, here are three things to keep in mind:
As the plaintiff, you have the burden of proof.
In a Texas slip-and-fall lawsuit, the injured party must produce evidence that proves the following:
• The nature of the hazard that caused your injury
• The defendant’s failure to take reasonable steps to avoid the hazard
• The seriousness of your injury and any financial losses suffered as a result
Common forms of evidence include injury photographs, medical records, security-camera footage, witness testimony, emails, and text messages.
Solid evidence often leads to successful outcomes in Texas slip-and-fall trials or at the settlement table. Earlier this year, Texas personal injury lawyer Nelson J. Roach won a record-setting $1.1 million jury verdict in a Texarkana slip-and-fall lawsuit against Walmart after it unearthed some revealing security-camera footage. It showed that the store’s management knew its entrance posed a hazard but failed to fix the problem. A good Texas slip-and-fall lawyer will work hard to uncover evidence like this.
The court may hold you partially liable for the accident.
In personal injury cases, a court sometimes determines that the victim shares a portion of blame with the defendant. Under Texas law, a court must find the defendant mostly at fault before a plaintiff recovers monetary damages. This doctrine is known as “modified comparative negligence” or “modified comparative fault,” and Texas is one of many states that follow it. Modified comparative negligence often plays a role in cases involving traffic accidents, but could also factor into a Texas slip-and-fall claim.
You may be able to recover more than expected.
Plaintiffs who win a Texas slip-and-fall lawsuit may recover far more than many people realize. A good Texas slip-and-fall lawyer will fight for medical expenses, lost wages, reimbursement for mental anguish, legal fees, and punitive damages. Punitive damages can be substantially higher than other types of monetary awards. They serve as a warning to all of our state’s property owners and help make stores, workplaces, and other places safer.