Table of Contents
As a main border crossing between the U.S. and Mexico, McAllen provides a vibrant, multicultural atmosphere packed with museums and other local attractions, retail stores, dining and drinking establishments, and an abundance of medical facilities. The owners of businesses, the agencies who manage government buildings, and even those who own or rent a home are all responsible for protecting visitors from getting injured in a slip and fall accident.
If a slip and fall accident has injured you, you can seek compensation for the expenses and impacts of your injury through a premises liability claim. An experienced McAllen slip and fall attorney from Kenny Perez Law can help you understand this legal process and the services our firm can provide to help you with your claim.
What Is Premises Liability?
A group of claims involves injuries due to the failure of a property owner/possessor to uphold the duty of care owed to visitors, which includes:
- Regularly inspecting the premises for hazards that could cause guests to become injured.
- Promptly mitigating known hazards.
- Prominently posting warnings in proximity to known, unremedied hazards.
Property owners/possessors who fail to perform these duties can be liable for compensating the expenses and impacts of injuries incurred by those who are lawfully on the property. Generally, property owners/possessors are not responsible for compensating individuals injured while trespassing on the property unless the owner has lured the trespasser onto the property to cause injury.
Slip and Fall Accidents: More Than Just Clumsiness
Many accidents can result in a premises liability claim, including swimming pool accidents, fires, floods, dog bite injuries, or negligent security. However, the most common premises liability claim involves slip and fall accidents.
Some common, prevailing beliefs about slip and fall accidents include the notion that the accident resulted from someone being clumsy or is a frivolous attempt to get money from a business owner. However, these accidents can produce severe, life-altering, and even life-ending injuries.
According to the National Floor Safety Institute, slip and fall accidents account for more than one million emergency department visits each year. Those at the highest risk of becoming injured in a slip and fall accident include small children who have not yet developed the balance and reasoning needed to avoid such injuries and older people suffering declines in vision, balance, and strength. However, anyone of any age can suffer a slip and fall.
How Slip and Fall Accidents Commonly Occur?
Slip and fall accidents occur when an individual slips or trips on a property hazard and falls.
The property hazards commonly associated with slip and fall accidents include:
- Loose, worn, or torn flooring materials.
- Water or other liquid on the floor.
- Clutter or Debris in walkways.
- Defective staircases or broken or missing handrails.
- Cords or cabinets extended into walkways.
- Poor lighting, particularly in stairwells.
- Potholes in parking lots or damaged sidewalks.
The Types of Injuries Sustained in Slip and Fall Accidents
Slip and fall accidents involving the elderly often result in hip fractures, among the most severe injuries for this age group, resulting in the inability to live independently and even death.
Other serious injuries from a slip and fall include:
- Traumatic brain injuries.
- Spinal cord injuries.
- Soft tissue damage.
- Damage to the spinal vertebrae and discs.
Seeking Compensation After a McAllen Slip and Fall Accident
If a slip and fall accident has injured you, obtaining compensation for your injury often begins with a claim against the at-fault party’s liability insurance policy. If the insurer fails to pay the claim in full or provide a fair settlement, you can take the claim to court and allow a judge or jury to determine liability and proper compensation.
Proving Liability
To prove liability for a slip and fall, a claimant must show:
- The at-fault party was connected to the property by title, lease agreement, or another type of document legally placing the premises in their control.
- The at-fault party had a duty to regularly inspect and keep the property safe from hazards.
- A property hazard injured the claimant that the at-fault party knew of or reasonably should have known of and failed to mitigate.
- The claimant was legally on the property.
The Type of Compensation You Can Receive
Individuals in McAllen who have suffered an injury from a slip and fall accident can obtain compensation for the expenses of their accident, including wage loss, medical bills, property damage (such as damage to your clothing or phone as a result of the accident), and loss of earning capacity. They can also seek compensation for the psychological effect of their injuries, such as pain and suffering or emotional distress.
How Long Do You Have to File Your Claim?
To use the court process to seek compensation in McAllen, in most cases, you must file your premises liability lawsuit in court within two years of the date on which the accident occurred.
In some circumstances, this deadline can change. For example, claims involving government agencies generally must be submitted sooner, and those involving injuries to children can have an extended filing deadline. Your attorney will advise you of the deadline to file your claim.
Kenny Perez Law Can Help
If a slip and fall accident has injured you in McAllen, let an experienced premises liability attorney from Kenny Perez Law help you understand the process of seeking the compensation you deserve for your injury. For your free case evaluation, contact us online or by calling (956) 544-9292.
Kenny Perez Law
3400 N McColl Rd
Suite F 5
McAllen, TX 78501
Phone: (855) 695-7529
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
Rating: 5/5
03/14/2021
Read more reviews on Google!
