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  • Writer's pictureRobert Schuerger

A Guide on How to File a Lawsuit for Slip and Fall in Texas

Slip and fall accidents affect thousands of Americans every year. Although grazed knees and elbows come to mind when many think about the resultant injuries, these incidents can be serious and even deadly.

While compensation could never take away the pain or bring back a lost loved one, it can certainly help claimants come to terms with what has happened.

The process of taking legal action might seem daunting, but with the help of a reliable and experienced personal injury attorney, victims can obtain restitution. This article will provide more information about the claims process.

What Is a Slip-and-fall Accident?

What Is a Slip-and-fall Accident?

Slip-and-fall injuries occur when a person loses their footing and tumbles over. Slippery or uneven floors are common reasons for these accidents, but they may also be caused by the following:

  • Poor lighting

  • Inadequate signage

  • Icy sidewalks

  • Broken stairs

  • A lack of handrails

  • Poor maintenance

Children and the elderly are more susceptible to these accidents. Injuries could also be more severe in these individuals, as they are particularly vulnerable.

The truth is that property owners have a responsibility to ensure that patrons and guests are safe while in their commercial or residential buildings. A failure to repair damaged flooring or warn people of wet flooring could make them liable for the damages if a person falls.

Who Can File a Slip-and-fall Lawsuit in Texas?

Anyone in Texas who sustains injuries in a slip-and-fall accident as a result of the carelessness or wrongdoing of another person or company can take legal action. This covers those who are hurt on someone else's property, including:

  • Clients or customers

  • Guests

  • Tenants

  • Employees

Nevertheless, it's crucial to prove that the property manager or owner violated their duty of care by neglecting to keep the area safe or address known issues. The injured party must also show that the property owner or manager's carelessness was the direct cause of their injury.

Seeking advice from a competent slip and fall lawyer with a keen understanding of Texas premises liability law can be pivotal in filing a fall injury claim.

Proving Liability in a Fall Accident

In a slip-and-fall case, the burden of proof will fall on the victim, which means that he or she will have to prove that the at-fault party is to blame for their damages. Evidence, such as surveillance footage, witness statements, photographs, and more, can be used to determine who is to blame.

It's important for claimants to remember that Texas follows a comparative negligence law, which means that plaintiffs can pursue compensation, even if they were partly to blame for the accident.

However, according to the Texas Civil Practice and Remedies Code section 33.001, if their degree of fault surpasses 50 percent, they may not file a claim.

Suppose Elenor was involved in a slip-and-fall accident. She tripped over a broken stair but was not holding the handrail while descending. In that case, the property owner can be held responsible for not repairing the stairs timeously and closing the area off or providing warning signs.

However, Elenor is also partly to blame because she failed to hold onto the handrail, which could have prevented the fall. If she is assigned 20 percent of the blame and wins a lawsuit for $400,000, she will only receive $320,000.

How to File a Lawsuit for Slip and Fall in Texas

Victims can follow these steps to obtain restitution for injuries sustained in a fall accident:

Gather the Relevant Evidence

Fall cases require proof to establish negligence and fault. The first step in the claims process would be to gather medical records, the contact details of witnesses, employment records, and more that might support the claim.

Contact a Personal Injury Lawyer

Personal injury cases are often complex, which is why it is important for victims to obtain advice from a fall attorney. Most law firms offer free case reviews and can help sufferers determine whether they have a case.

A legal representative will conduct their own investigation into the accident to uncover important evidence. They may also call in expert witnesses, such as physicians, to provide evidence of the severity or cause of the claimant's injuries.

File a Claim

The next step is completing and submitting the paperwork. Fall accident lawyers will assist with this, ensuring that claimants are free to recover from their injuries.

Negotiate or Settle the Matter in Court

Finally, both parties will meet to try to agree on a fair fall settlement. However, if they cannot reach an agreement, then the matter can be taken to Texas court, where a judge or jury will determine the outcome.

A fall accident attorney will represent the claimant, ensuring that crucial evidence is presented to prove liability. They can also help with how to file a lawsuit for a dog bite in Texas.

When a Slip-and-fall Accident Leads to Death

When a Slip-and-fall Accident Leads to Death

Unfortunately, fall accidents claim the lives of many. In such cases, the immediate family members of the deceased may have grounds for a wrongful death claim. Although this can never restore what was lost, it can ensure that the family is not left to struggle financially following the death of their loved one.

Wrongful death is handled under personal injury law, and Schuerger Shunnarah Trial Attorneys will ensure that justice is obtained for the negligence that caused the event.

Schuerger Shunnarah Trial Attorneys Is Here to Help!

In the wake of a traumatic injury, filing a slip-and-fall claim for compensation might be the last thing on a victim's mind. However, a settlement can provide much-needed financial security, ensuring that the plaintiff is able to receive the medical care that he or she needs to make a full recovery.

However, to ensure a favorable outcome, claimants must work with a reliable law firm that isn't afraid to oppose even the most reputable insurance company or property owner.

At Schuerger Shunnarah Trial Attorneys, this is what we do best. Claimants can count on us to go to war for them, stopping at nothing to obtain the maximum compensation.

Injured victims are encouraged to call us to learn more or schedule a FREE consultation with one of our legal experts.


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