Slip & Fall Attorney

Slip and fall cases often result in serious injuries.  If an injury or death from a slip and fall occurs as the result of the property owner’s/manager’s neglect, the victim may be entitled to compensation.

If you are injured in a slip and fall accident, it is important to file a report with the business.  If the incident occurs on an individual’s premises, you should obtain their homeowner’s insurance information.

Slip and fall incidents are embarrassing.  Many times the victim is in considerable pain, but simply wants to move away from the scene.  When this happens, it is difficult to remember what you should do.

Things to Remember:

  1. If possible determine what caused you to fall, where it came from, and whether there are caution or wet floor signs in the area;
  2. If there are witnesses to the event, try to obtain their contact information;
  3. Try to determine if any video footage of the event exists.  If so, document how you were able to make the determination and ask whoever has the footage to either share it with you or preserve it;
  4. Report the incident to property management immediately;
  5. Obtain contact information for each person with whom you speak;
  6. Take photographs of the scene (cell phone’s are great for this!); and
  7. If you are seriously injured, seek immediate medical treatment.

Aging

As people age their agility often declines.  Fall risks become ever more important.    Age also often affects an aging person’s ability to identify a risk because eyesight may have changed or simply because the risk hasn’t been encountered since the effects of aging have taken their toll.  Regardless, retailers and managers of public places are (or should be) aware of fall risks and take appropriate measures to identify them, correct them and/or effectively warn visitors as to the existence of the danger.

Sometimes, aging has nothing to do with a person’s ability to identify a danger.  For example, retailers go to great lengths to draw the eyes of customers to their products.  As customers shop, they may not see the puddle of water accumulating on the floor from the leaky roof that has been un-repaired for the past two months.  Or, perhaps the store employee recently mopped the floor with greasy, dirty water and failed to post wet floor signs in appropriate locations.  Instances such as these, give rise to countless slip and fall injuries.

Trespasser, Licensee, and Business Invitee

What is the difference between a trespasser, licensee, and business invitee?  These are common law legal terms used to evaluate personal injury claims arising from slip and fall and other types of premise liability claims.  In Texas, the owner or occupier of land, a building, a store, etc, owes visitors to the property a certain duty of care depending upon the visitor’s purpose.  Business invitees (visitors who are on the property for a mutually beneficial business purpose) enjoy the greatest protection and duty of care from the owner or occupier of the property.  Trespassers receive the least.  The duty of a landowner to a licensee (sometimes likened to a social guest) lies between that owed to an invitee and to a trespasser.  Generally, the duty owed to business invitees is to inspect the property to identify dangers and warn visitors about dangers the property owner/occupier knew or should have known about.  The duty owed to a licensee is to warn visitors of known dangers on the property.  The property owner owes no duty to the licensee visitor to inspect the property for dangers.

Interestingly, not all states follow Texas in this area of law.  Several states make no distinction as it relates to an injured visitor’s purpose for being on the property.

If you are seeking to hire an attorney for a slip and fall injury or a premise liability claim, be sure to ask about these issues and how they relate to your case.   Behr Law Firm welcomes the opportunity to address these questions.

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301 W. Abram St.
Arlington, Texas  76013
(817) 265-5755

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1290 Wonderworld Dr., Ste. 1220
San Marcos, Texas  78666
(512) 353-5555

Victoria

5606 N. Navarro
Victoria, Texas  77904
(361) 570-5755

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13501 Ranch Road 12, Ste. 108
Wimberley, Texas  78676
(512) 842-6570
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