Hildebrand & Wilson, LLP
Does Your Slip and Fall Accident Involve Premises Liability?
Personal injury law firms work with individuals who have been injured in a variety of ways.
Among them, slip and fall accidents are fairly common.
Although slipping and falling may not seem like something you’d initially contact injury claims attorneys for advice, many of these accidents are due to negligence.
Accident attorneys can help you determine whether what happened to you involves premises liability or if it’s simply an unfortunate event.
Slip and Fall Accidents - More Common than You Think
According to the National Floor Safety Institute (NFSI), slip and fall accidents account for 1 million or more emergency room visits each year.1
Slip and fall incidents are the leading cause of occupational injuries that result in missed time from work and occupational injuries in those 55 and over.
Interestingly enough, they are also responsible for the most workers' compensation and compensable injury claims in the trucking industry.
Since many of these incidents are due to the carelessness of others, injury claim law firms see many cases involving slip and fall accidents.
When insurance companies decline to compensate for these accidents if there is no proof of negligence, it’s important to work with injury claim attorneys who understand the complicated laws surrounding premises liability and can prepare a good case.
Premises Liability and Slip and Fall Accidents
Many slip and fall accidents that occur in public places or businesses are caused by negligence or carelessness. Negligence is when:
- The cause of a fall was either not known and/or not remedied.
- People were not warned of a risk that could cause them injury.
- The premises owner did not keep up the property to find problems that could cause injury and remedy them.
Unfortunately, proving liability due to negligence is challenging.
In most cases to prove a premises liability claim, personal injury lawyers must demonstrate that business owners failed in their duty to:
- Avoid gross negligence that could lead to an accident.
- Warn invitees of known risks that could lead to an accident.
- Regularly inspect the property looking for risks to warn invitees about.
Proving premises liability is now more challenging in Texas ever since a Supreme Court case reinterpreted Texas law to make premises liability more difficult to prove.2
Those injured at a business will have a harder time showing that a business owner has any duty at all to a person invited to be on their premises.
This is why injured parties should enlist the assistance of injury claim attorneys who are experienced in this type of law.
Beyond the sheer number of slip and fall accidents that occur every year, personal injury law firms stress the fact that many are very serious.1
Slip and fall accidents cause head and back injuries, broken bones, permanent disabilities, and even death.
Even though proving premises liability can be difficult, anyone injured by slipping and falling in a public location should at least discuss the incident with accident attorneys who might be able to help them receive compensation for their injuries.
2Case Law, Austin vs. Kroger Texas #209, United State Court of Appeals, 5th Circuit, September 27, 2013