Slip and falls would be the 2nd biggest root of injuries in the United States. They can account for approximately 16,000 deaths every year. Many more slip and falls lead to serious injuries.
Usually, these injuries and deaths are caused by a dangerous or risky condition in someone else’s property. An injury or death from a fall that is caused by a hazardous condition in another person’s property may qualify the victim or the victim’s family to payment.
More than 70% of falls happen because of dangerous circumstances and potential risks in our surroundings. Harmful circumstances that lead to slip and fall accidents often result from poor design or improper maintenance. Some other hazards were created by the existence of slick areas and substances, like areas with food spillage or water leakages.
Slip and fall accidents occur practically just about everywhere – in a supermarket or mall; at school or in an office; or on a pavement. Your slip and fall may be caused, for instance, by a problem in flooring, which can be wet or sloping, or it could be as a result of inadequate lighting that obstructs your capability to foresee a danger.
Slip and fall accidents have two main types of mechanism. In one slip and fall situation, your front foot slips forward, making you fall backwards. In the other scenario, your rear foot slides backwards, making you fall forward. A relevant kind of accident, a trip and fall, happens whenever your foot makes contact with an obstacle, like a bump, on your way.
The traumatic impact of a slip and fall and also a trip and fall accident can easily cause serious and long-lasting injuries.
So, when you experience a slip and fall or a trip and fall, it truly is in your own best interest that you seek medical and legal help from our firm without delay.
A Property Owner’s Obligation to Prevent Slip and Fall Accidents
The law demands that property owners use reasonable care in the supervision and maintenance of their property and avoid exposing others to the irrational danger of harm, such as a slip and fall or a trip and fall.
So, property owners have a obligation to reasonably inspect for any dangerous circumstances on their property and either to fix or provide acceptable alert of conditions that cause a risk of injury to others.
The victim of a slip and fall will need to establish that the property owner was aware or should have been aware about the threat that brought on the slip and fall accident, and that he neglected to fix it.
In the event the property owner, or any one of his personnel, created the dangerous condition that caused the slip and fall injury, knowledge of the hazard might be immediately imputed to them.
However, if the danger was made by a non-employee, such as a customer, the claimant should present that there was enough time for the property owner to have known and repaired the harmful condition, or that the hazardous condition happened with such frequency that the owner ought to have been aware of its presence.
Sometimes, a property owner can have a responsibility to put up warnings of a hazard (for example “wet floor” signs), however these warnings must be noticeable and effective to be deemed proper.
Selecting the right San Antonio Slip and Fall Lawyer
Slip and fall claims are often challenging and difficult to prove. To prevail, a slip and fall lawyer should identify not only the existence of a harmful condition, but the property owner’s actual or constructive knowledge of that situation.
One of our expert San Antonio trip and fall lawyers would begin a quick investigation, and:
* Do a site inspection to find out the dangerous condition that caused the slip and fall accident;
* Secure proof of the dangerous condition before it “disappears”;
* Track down witnesses to the slip and fall accident or with knowledge of the harmful condition;
* Find proof of prior complaints about the dangerous condition or of past slip and fall accidents at the very same location.
Our Firm’s resourceful San Antonio slip and fall lawyers will then seek the services of the suitable professionals on safety standards to pinpoint the applicability and violation of governmental codes and regulations, and thus verify legal responsibility on the part of the negligent property owner for the slip and fall.
As an example, if the slip and fall happened on a faulty stair case, he may engage the help of a structural engineer to point out deviation in the height or width of the steps.
In having handled many slip and fall cases, not to mention trip and fall law suits, Our Firm has developed an expertise in such cases and has properly secured sizable recoveries for clients injured in slip and fall or trip and fall accidents.
We’ve got both substantial experience and resources to best take on your slip and fall or trip and fall case.
For your zero cost consultation on a slip and fall or trip and fall case, please don’t hesitate to give us a call or e-mail us.
What Should You Do After a Slip and Fall Accident?
* Find Medical Assistance for Your Slip and Fall Injuries. If you experience a slip and fall or a trip and fall, look for fast medical help for your injuries. In the case of severe injuries, an ambulance must be summoned for emergency transport to a hospital. All too often, however, severe injuries suffered in a slip and fall accident might not show itself themselves for some days or weeks, making it much more essential that you be examined by a medical professional immediately.
* Establish the Danger That Brought about by Your Slip and Fall. Take Photos. In order to have a realistic slip and fall (or trip and fall) claim, it will be important to find the harmful condition or hazard that brought about by you to slip and fall. Time is of the essence in preserving the evidence at the site of your fall. For that reason, do what is quite necessary to take photos. If you have a camera with you (your cell phone will do), snap photographs, or you can ask a companion or anyone at the scene to take one.
* Report the Slip and Fall Accident. If you suffered your slip and fall injury in any commercial establishment, like a store, a supermarket, or a mall, you should report the slip and fall accident to management immediately. It is important to document your slip and fall accident this way. Incident reports contain valuable specifics of the accident, such as the time and date of the slip and fall, the names of witnesses, and the circumstances of the injuries. Most of all, incident reports help establish that the slip and fall accident actually occurred, preventing a property owner from later saying that the event never took place.
* Contact one of our Reliable San Antonio Trip and Fall Attorneys. Time is of the essence after the slip and fall (or a trip and fall) accident, so you must protect your legal rights by immediately calling a reputable slip and fall attorney. A quick investigation is crucial to a successful slip and fall claim. In many instances, the danger that caused the slip and fall may be a temporary one (such as a liquid spill in a supermarket) and could be cleaned up immediately, eliminating critical proof for your case. An experienced slip and fall lawyer from our office is going to initiate the proper actions to keep evidence, determine and locate witnesses, and help you in obtaining the needed medical care. We will also protect against complicated filing due dates, which for some slip and fall claims might be as short as 6 months if certain government entities are involved. Failing to meet up with these due dates may mean that any claim for compensation you might have for your slip and fall injuries is lost permanently.
Who Is Responsible for Your Slip and Fall?
Property owners, operators, and managers – whether they are people or business entities – may be accountable for your slip and fall.
A qualified slip and fall attorney San Antonio can track down owners of the given property by checking out the correct government records, including tax rolls.
Some owners and operators who bear accountability for your slip and fall might not be as apparent. They may, for example, include service providers – for instance concessionaires and janitorial companies – on the property in question.
They may include franchisers and parent corporations. And they might possibly include government entities. A slip and fall in a public school, for example, may impose liability on a local governmental body, while a slip and fall at a post office would certainly implicate the federal government.
Damages You May Recover for Going through a Slip and Fall
Should your slip and fall accident in San Antonio was because of negligence on the part of a property owner, operator, or manager, then you would be able to collect payment for:
* Pain and suffering;
* Medical expenses for past and future care;
* Lost pay; and
* Any reduction in your earning capacity.
Although punitive damages are uncommon in slip and fall cases, an experienced slip and fall attorney can recover such damages if the defendant’s conduct amounted to a reckless disregard for safety – that is, if a property owner or manager egregiously ignored a known safety hazard, thus resulting in the slip and fall.