Slip and falls are the most common type of premises liability claim. In personal injury law, slip and fall cases occur when a person suffers serious injury from falling while on someone else’s property, such as at a grocery store or as a guest at a residence. If someone else is responsible for or was negligent in causing your fall, he or she may owe you compensation for your injuries.
At The Law Firm of Aaron A. Herbert, P.C., we have years of experience representing clients during San Antonio slip and fall claims. We may be able to help you recover compensation from a negligent party. Call (210) 435-7968 today for a free consultation at our conveniently located law office.
Why Hire Our San Antonio Slip and Fall Lawyers?
- Our San San Antonio Slip and Fall Lawyers are highly responsive. We will communicate with you often and openly during your case.
- Our lawyers obtain the best possible results for their clients. Aaron can go to trial on behalf of his clients if it is necessary for maximum compensation.
- Our clients do not owe us anything in attorney’s fees unless we win the case. If we do not win you a settlement or verdict, you won’t pay a dime – guaranteed.
What Is Slip and Fall Law?
A slip and fall claim is a legal remedy for injuries that occur was a result of a slip or trip and fall. Property owners are required to maintain a safe premises. If another property owner in the same or a similar situation would have done something to prevent a fall, such as fix a handrail or uneven staircase, and that the owner is therefore liable for the accident. The rules of premises liability state that a property owner will be responsible for accidents that occur on the premises as long as the victim was not trespassing at the time.
The three classifications of visitors under premises liability law are invitee, licensee and trespasser. Invitees have permission from the property owner to enter the property and do so for the owner’s purposes, such as customers at a store. Invitees are entitled to the highest standards of care by property owners in Texas. The property owner must fulfill three main duties of care to an invitee.
- Check the property for undetected or hidden hazards.
- Repair all known or discovered property defects.
- Post warning signs regarding potential hazards.
Licensees have permission to be on a property, but they do so without solicitation by the owner. Examples include construction workers and salespeople. Licensees are also owed duties of care by property owners. However, the law does not obligate property owners in Texas to check for hidden hazards before licensees enter the premises. A trespasser is the only type of property visitor that is not owed duties of care. A trespasser is someone who enters a property without the owner’s permission or legal authorization. If you were a trespasser, you may not have grounds for a slip and fall claim unless you were under the age of 18 at the time of your accident.
Common Slip and Fall Accident Injuries
A serious slip and fall accident in San Antonio can cause much more than minor bumps and bruises. If the fall had extenuating circumstances such as heights, sharp objects or a senior citizen, the injuries involved could be severe or even fatal. The San Antonio Slip and Fall Lawyer at The Law Firm of Aaron A. Herbert, P.C. have experience handling premises liability cases involving all the most common slip and fall accident injuries.
- Sprained wrist
- Bruises or contusions
- Broken bone
- Hip fracture
- Skull fracture
- Herniated disk
- Ruptured disk
- Neck or back injury
- Spinal cord injury
- Traumatic brain injury
After a slip and fall accident, stay where you are and call for help. Report the accident to someone at the scene, such as the manager of a store or your employer. Before you leave the scene, take photographs of the property defect that caused you to slip and fall. Then, get immediate medical care for your injuries. Document the details of the accident as best as you can. When you are ready to pursue compensation, contact us to schedule a free consultation.
Did Negligence Cause Your Slip and Fall Accident?
In order to have a valid slip and fall claim, the property owner must be proven to have been negligent. You may be eligible for compensation for a slip and fall accident in San Antonio if you fell due to the neglect or wrongful act of the property owner. If you fell at a department store, grocery store, mall, bank, parking lot or even at a friend’s house, the owner of the premises may owe you money for failing to reasonably prevent the fall. Many preventable property defects can cause slip and fall accidents.
- Wet floors
- Leaky pipes
- Slippery or waxy floors
- Lack of wet floor signs
- Food debris
- Spilled drinks
- Poor property maintenance
- Lack of cleaning logs or schedules
- Obstacles in pathways
- Cluttered aisles
- Dangerous staircases
- Ice or snow
- Inadequate lighting
To have grounds to file a premises liability claim against someone in Texas, you or your lawyer must have proof that the property owner owed you a duty of care, breached this duty, and caused your slip and fall accident. You or your lawyer must demonstrate that you had the lawful right to be on the property, that the owner was negligent and that this caused your injury. You will need to establish these facts as more likely to be true than not true based on clear and convincing evidence. Meeting the burden of proof can be easier with help from an experienced slip and fall accident lawyer.
How Can a Premises Liability Lawyer Help?
A slip and fall accident case can be difficult to resolve on your own. Insurance companies generally do not want what is best for their clients. Instead, they want to minimize payouts to maximize their profits. Liability disputes are especially common with slip and fall claims. The insurance company may allege that you should have been paying more attention and were at fault for the accident. It may also try to dispute your injuries, especially if they are soft-tissue injuries without hard evidence such as x-rays.
A premises liability lawyer can recognize and fight insurance bad-faith tactics. Your lawyer can help you prove your injuries and what caused them. A law firm will have special resources to put toward winning your case, such as investigators, accident reconstructionists and medical experts. An attorney can improve your chances of securing a successful settlement or jury verdict and winning maximum compensation for a San Antonio slip and fall claim.
How to Choose Your Slip and Fall Lawyer
Choosing the right attorney is just as important as making the decision to hire one. Make your choice only after carefully considering all the possible options in San Antonio. The right attorney will have special experience, knowledge and expertise in your practice area. The right lawyer for you will also provide a personal connection that makes you feel comfortable and confident in the legal process. At The Law Firm of Aaron A. Herbert, P.C., clients choose us after checking for signs that we are the right choice for them.
- Experience in slip and fall injury law
- Positive settlements and jury verdicts
- Satisfied past clients
- Frequent and honest communication
- State-of-the-art resources
- The ability to go to trial
- Awards and accolades
- A positive reputation in the community
- Personal client attention
- Highly qualified lawyers and support personnel
Schedule a free consultation with two or three top choices for slip and fall lawyers in your region. Bring a list of questions to ask each attorney, such as about his or her experience and prior cases. Then, make your decision on which lawyer to hire based on the lawyer’s qualifications and answers to your questions. Your premises liability attorney should listen to you, address your specific needs and create a customized legal strategy for your unique case. Hiring the right lawyer for you is the best way to maximize your financial recovery.
Slip and Fall Accidents at Work
Slip, trip and fall accidents are some of the most common causes of injuries and deaths at work in Texas. Obstacles and hazards in the workplace can increase the chances of a serious worker fall accident. It is the company or employer’s legal responsibility to maintain a hazard-free workplace. If this is not the case, the employer could be liable for a slip and fall accident that occurs on the premises. Certain industries in Texas expose workers to higher risks of slip or trip and fall accidents than others.
- Professional and business services
If you were injured in a fall accident at work in San Antonio, two different outlets for compensation may be available to you: workers’ compensation and a personal injury claim. You cannot file a personal injury claim against your employer after accepting workers’ compensation benefits. Before you file for workers’ comp, therefore, talk to an attorney about a negligence claim. An injury lawsuit against your employer for negligence could result in greater financial compensation. If someone other than your employer caused your fall, however, you could be eligible for benefits through both workers’ comp and an injury lawsuit.
What Compensation Is Available for a Slip and Fall?
The basis of slip and fall accident law is that an injured victim has the right to bring a claim to damages against an at-fault property owner. Damages describe both the losses you suffered due to a slip and fall as well as the money you could recover from the negligent party. The damages available during your premises liability case in San Antonio will depend on how the accident affected you and your family. Your lawyer will assess your damages to create an accurate list of what to demand from the property owner’s insurance company.
- Medical expenses for your injuries
- Lost wages from missing time at work
- Travel costs and out-of-pocket expenses
- Treatments, specialists and rehabilitation
- Permanent injuries or disabilities
- Inconvenience or lost quality of life
- Physical pain and emotional suffering
- Wrongful death damages, if applicable
- Punitive damages
Our attorneys always aim for the highest available compensatory awards for their clients. We motivate insurance companies to take our clients more seriously and offer greater settlements through our track record of positive jury verdicts. Insurance companies know we can go to trial. They will often offer higher settlements with this knowledge alone to avoid the costs of a trial. If not, we will take the property owner to court to demand maximum compensation on your behalf.
How Might Comparative Negligence Affect Your Case?
A common defense during slip and fall accident claims in Texas is to allege the injured party’s comparative negligence. Comparative negligence refers to the victim’s own negligence or carelessness in relation to the accident. If a defendant alleges that you would not have slipped and fell if you had been watching where you were going, for example, he or she is using the comparative negligence defense.
In Texas, proof of comparative negligence will not bar a victim from recovery. This is the case, however, in contributory negligence states. Instead, the courts in Texas will reduce a victim’s financial recovery by an amount that equates to his or her percentage of liability for the accident. If the defendant provides enough proof to place a percentage of fault for the slip and fall accident with you, this could impact how much you receive in compensation.
Texas is a modified comparative negligence state, meaning a victim cannot be more than 51% responsible for his or her accident or injuries and still recover compensation. At more than 50% of responsibility for an accident, Texas law bars a victim from financial recovery. If you believe someone may try to blame you for your slip and fall accident, contact our attorneys for a free initial consultation. We can help you prepare for this common defense strategy. Hiring a lawyer could enable you to combat comparative negligence.
Contact Our San Antonio Lawyers for Slip and Fall Today
After a harmful slip and fall accident in San Antonio, Texas, waste no time in protecting your rights by hiring a lawyer. The right attorney can prepare your case for you, fight aggressively for fair compensation and answer all of your legal questions. You do not have to navigate a slip and fall accident claim alone. Contact The Law Firm of Aaron A. Herbert, P.C. right away for a free initial consultation. We accept clients in San Antonio and throughout the state.