When you slip and fall, the property owner or lessee may bear liability (legally responsibility) for your injuries. Property owners and lessees are responsible for keeping their properties safe and can face civil consequences when they do not. Kenny Perez Law helps people who were injured in a slip or trip and fall accident recover the compensation they deserve to cover their medical expenses and other damages.
The places that most commonly see slip and fall accidents are retail establishments, tourist attractions, stadiums, and other public venues—anywhere where liquid often ends up on the floor. However, liquid isn’t the only thing that causes slip or trip and fall accidents. Sometimes, it’s debris in an aisle, such as a pallet of goods that an employee is stocking on nearby shelves, an electrical cord, or even a piece of clothing someone dropped and did not pick up.
If you suffered injuries in a trip or slip and fall accident, contact the Harlingen slip and fall attorneys at Kenny Perez Law for a free case evaluation.
What Causes Trip or Slip and Fall Accidents?
Anything can cause a trip or slip and fall accident, but some of the more common situations include:
- Rain, which creates slippery entrances.
- Cracked, broken, and uneven sidewalks and parking lots.
- Safety code violations.
- Liquid spills.
- Dry spills, such as a broken bag of rice that no one cleaned up.
- Debris in an aisle, such as a cord, a stack of boxes, or a pallet of goods.
- A carpet that doesn’t lie flat.
- Snow and ice (though this rarely happens in Harlingen).
- Uneven floors that are in poor condition.
- Construction hazards.
- Broken escalators.
- Rotten wood and other materials in balconies, steps, decks, and porches.
Who Is Usually Responsible for a Trip or Slip and Fall Accident?
Trip or slip and fall accidents are often complex because of the evidence the victim needs to gather to prove that someone else is at fault for their injuries. Additionally, more than one defendant could share in the responsibility for the victim’s injuries.
Those who might share responsibility for injuries and losses include:
- Property owners.
- Property lessees.
- Property managers.
- Businesses, including retail establishments and tourist attractions.
- Apartment building owners.
- Mall owners.
- Maintenance companies for residential and retail establishments.
- Hotels and motels.
- Community recreation centers.
Many places know that trip or slip and fall accidents happen. They sometimes employ risk management teams who work to hide the evidence of an establishment’s liability. If you wait too long to take action on your case, the evidence may disappear. This is one of the reasons you should take photos of what caused you to trip or slip and fall if possible and why you should contact a slip and fall lawyer as soon as you can—even before you get out of the hospital.
If you call us, we can come to you or set up a video call so that we can get started working on your case right after your fall.
Trip or Slip and Fall Injuries
The severity of a slip or trip and fall victim’s injuries depends on several factors, including whether they fell onto a hard floor, carpet, or if they hit something else on the way down.
Victims can suffer minor injuries, such as a bruise or a scratch, or more traumatic injuries, including:
- Traumatic brain injuries.
- Eye and face injuries.
- Internal injuries.
- Head, neck, and shoulder injuries.
- Back and spinal cord injuries.
- Simple and compound fractures.
Additionally, victims sometimes also suffer from secondary injuries such as infection of an open wound, whether from the accident itself or surgery needed to repair an accident-related injury. A person is more susceptible to infection if they have a condition or are taking medication or receiving a treatment that lowers their white blood cell count. Although a preexisting condition might significantly contribute to the risk of infection, the defendant is still responsible for medical expenses and the pain and suffering a slip and fall accident victim goes through as the result of accident-related injuries, since they would not have suffered the extra expenses and pain if not for the defendant’s actions or inaction.
FAQs About Harlingen Slip and Fall Accidents
Slip and fall accidents are common around the U.S, and Harlingen is no stranger to these hazards.
A slip and fall accident can result in significant injury. Such an accident often comes from the negligence of someone else. A Harlingen property or business owner is often at fault. When that is the case, they should be held responsible.
What is considered a slip and fall accident?
Many conditions can contribute to a slip and fall accident. One can occur indoors or outside, on a slippery floor or a wet sidewalk. You can slip and fall in your own home, at a neighbor’s house, in a grocery store, or in the park.
Some instances where a slip and fall can take place include:
- Cracked and uprooted sidewalks and driveways
- A hose, a rope, or other object left lying on a sidewalk
- Spills on the floor
- Electrical cords
- Loose tiles and floorboards
- Loose railing or steps
- Loose rugs or uneven carpeting
- Poor lighting
- Obstructed views
If you trip over something and fall, never say you are clumsy, or that it was your fault. Chances are you are not, and it was not.
Who is at risk of having a slip and fall accident?
Slip and fall accidents happen in all age groups and to males and females, alike. There are no racial or economic barriers when it comes to slip and fall accidents. You could slip and fall while at work, shopping at the store, or going for a walk.
Slip and fall accidents are one of the three top causes of work-related injuries within the U.S., according to the National Safety Council. Overexertion and bodily reaction along with meeting up with equipment or other objects are the other top causes of work-related injuries.
The Centers for Disease Control reports that slip and fall accidents are the top injuries within retail stores including workers and shoppers alike.
What to do following a slip and fall accident?
If you have had a slip and fall accident, hopefully, you saw a doctor about your injuries either in the emergency department or by your physician. Depending upon the extent of your injuries, you may want to file a claim. To do so, you should contact a reputable slip and fall accident lawyer.
A slip and fall accident can be serious, and you may have suffered from shock along with your injuries. But hopefully, you or someone with you was got contact information for any witnesses and took some pictures of your surroundings when you fell. If emergency personnel came, they may file a report.
If you are not sure that the property owner or manager found out about your accident, you should do so. However, other than telling them the date, time, and location of the accident, refrain from further discussions with the property representative.
Once you have seen to your medical needs, locate an experienced slip and fall lawyer. Do not speak with anyone regarding your accident other than medical personnel, the police, and your attorney. Never speak with anyone representing the business or individual’s property where you fell, including their insurance company or attorney.
Do not claim or admit any fault to anyone.
Why hire a slip and fall lawyer?
First off, unless you have a lot of legal knowledge and experience, you should not try to handle your slip and fall case alone. Slip and fall cases can be tricky. Because you are the one filing the claim, you must be able to prove fault.
When you hire an attorney, they will explore all aspects of your case, handle all the paperwork, and deal with the property or business owner, their attorney, and their insurance company.
They will try to poke holes in your case. And they will be looking to place the blame at least partially back on you.
What compensation could you receive?
In a slip and fall case, you may look for economic and non-economic damages.
Economic damages include such things as:
- Reimbursement for your medical expenses
- Projected future medical expenses
- Lost wages
Non-economic damages may include such things as:
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
Economic damages are often simple to account for. It is harder to put a monetary figure on non-economic damages, but an experienced slip and fall lawyer has previous experience in coming up with such estimates.
Is there a time limit to filing a slip and fall accident claim?
The statute of limitations varies depending on the state where the incident occurred. In Texas, for example, you have a two-year statute of limitations period from the date of the accident to file a claim. But you shouldn’t wait. Hire your slip and fall accident lawyer as soon as you can so they can get to work on your case.
Once you are medically on the road to recovery, you will understand what bills you should seek reimbursement for along with what potential accident-related medical bills you may incur in the future.
How to decide on your Harlingen slip and fall attorney?
For your slip and fall accident case, you need an experienced attorney who is not afraid to go to trial for your case. While most slip and fall cases settle without going to court, it’s always a good idea to have an experienced slip and fall attorney in your corner to maximize your odds of success.
How Long Do I Have to File a Trip or Slip and Fall Lawsuit?
You have up to two years in most cases to file a personal injury lawsuit for a slip and fall case. However, insurance companies usually give you much less time to file a claim with them—sometimes as little as 15 to 30 days.
Can I Still Recover Damages If the Store Put Up a Wet Floor Sign?
It depends on the circumstances. If possible, take photos of the accident scene. In some cases, you can still recover damages even if the owner or management placed a wet floor sign there. A Harlingen slip and fall lawyer familiar with the law can tell you if you have a case.
How Much Compensation Can I Recover After a Slip and Fall Accident?
It depends on the available evidence and the severity of your injuries. If you can prove the opposing party caused your injuries, you may recover compensatory damages in the form of medical expenses, lost wages, and lost earning capacity. If doctors expect your injuries to cause long-term or permanent disabilities, you could recover compensation for pain and suffering, loss of companionship, and other losses. If you can prove that the defendant’s actions or inactions were grossly negligent or intentional, you may also recover exemplary damages in some rare cases.
Who Is Responsible If I Trip on a Sidewalk?
Usually, the municipality that owns or maintains the sidewalk is responsible. However, a property owner or the person responsible for walkway maintenance is responsible for sidewalks on private property.
What If I Can’t Afford a Slip and Fall Lawyer?
Our initial case evaluations are free. Additionally, we work on a contingency basis for most personal injury cases, which means that you do not pay us if we do not win.
Contact Our Harlingen Slip and Fall Accident Lawyers Today
If you suffered injuries because of a trip or slip and fall accident, you deserve to seek compensation for your injuries and other damages. A Harlingen slip and fall lawyer can help you seek to recover the compensation you deserve.
Kenny Perez Law
513 E Jackson Ave # 304,
Harlingen, TX 78550
“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
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