Who Is Responsible for a Slip-and-Fall Accident?
Property owners and managers must keep their premises safe and free from hazards for all lawful visitors. Consequently, they are the ones who are liable in most slip-and-fall cases. However, other parties could also potentially be liable for your injuries, including:
- Commercial or residential tenants, if the slip-and-fall accident took place on a portion of the property within the tenant’s exclusive control
- Property management companies that are hired to manage a property on behalf of its owner
- Maintenance companies that are hired to perform upkeep, if carelessness on their behalf led to a hazardous condition that caused a slip-and-fall
When Are Property Owners Liable?
A property owner can only be held liable for a slip-and-fall if they negligently failed to take reasonable measures to prevent visitors from being injured on their premises.
You may be entitled to hold a property owner liable for injuries you suffered on their premises by first showing that you were there lawfully when the accident occurred. If you were trespassing, such as by visiting a portion of the property you were not authorized to enter, you would have a more challenging time holding a property or business owner liable for your injuries.
Next, you must show that the property owner either caused the property condition or hazard that led you to be injured, knew about it, or reasonably should have discovered it through due diligence. If they were aware of the condition, you must establish that they failed to repair or remove the hazard despite having sufficient opportunity to do so. You must also show that the property condition or hazard caused you to slip and fall.
Finally, you will need to establish that you incurred specific losses and expenses because of the injuries you suffered in the slip-and-fall. These may include medical bills, rehabilitation expenses, lost wages from time off work, pain, suffering, and other losses.
Compensation Available After a Slip-and-Fall Accident
At the Law Offices of Troy A. Brookover, we can help you pursue compensation for slip-and-fall-related losses like:
- The cost of medical treatment and rehabilitation of your injuries
- Long-term care expenses that you may need if you suffered a permanent disability
- Lost income due to missed time from work
- Lost future earning ability and employment benefits if you cannot return to your job or any form of gainful employment
- Physical pain and anguish
- Reduced enjoyment and quality of life because of physical disabilities or permanent scarring and disfigurement
How Can a Slip-and-fall Attorney Help?
While slip-and-fall cases can be complicated, the Law Offices of Troy A. Brookover can advocate for your interests by:
- Recovering evidence about the accident, including any available photos of the scene, surveillance camera footage, and witness statements
- Reviewing the evidence with the help of experts, as necessary, to explain how the property owner or another party was responsible for your fall
- Working with your medical providers, as well as with financial and vocational professionals, to calculate your ongoing and future anticipated losses
- Filing claims on your behalf with the property owner, other liable parties, and their insurers
- Aggressively pursuing fair and full compensation for you in a settlement or in court
Time Limit to File a Slip-and-Fall Case in San Antonio
Under Texas law, you have limited time to file a lawsuit after suffering a slip-and-fall accident – typically just two years from the date of an accident. If you file a suit after this period has passed, the court will likely permanently dismiss your lawsuit, and you will lose your chance to hold the responsible party accountable.
If you’ve been injured in a slip-and-fall in San Antonio, time is of the essence. You should discuss your case with an attorney as soon as possible.
Common Places Where Slip-and-Fall Accidents Occur
Although a slip-and-fall accident can occur anywhere, they most frequently happen in places that see lots of foot traffic, such as:
- Bars, clubs, and restaurants
- Department and hardware stores
- Shopping centers
- Parking lots and garages
- Hospitals and assisted living facilities
- Apartment buildings
- Office buildings
- Swimming pools
- Amusement parks
- Recreational parks
What to Do If You’ve Been Hurt in a Fall
After you have fallen on someone else’s property in San Antonio, you should take the following steps to protect your legal rights and put yourself in a favorable position to pursue compensation for the losses you may have suffered:
- See a doctor as soon as possible to get checked for any physical injuries you may have suffered.
- Take photos of the area, including whatever you believe may have caused you to slip and fall, as well as any warning signs, the lighting conditions, and any visible injuries you suffered.
- Notify the property owner or occupant as soon as possible.
- Follow your healthcare provider’s treatment instructions and recommendations.
- Preserve the clothing and footwear you wore at the time of the accident.
- Keep copies of bills and invoices and copies of your pay stubs or tax returns to calculate your lost income if you cannot work after the accident.
- Speak with a San Antonio slip-and-fall lawyer from the Law Offices of Troy A. Brookover to discuss how you can pursue compensation from the person responsible for your injury.