Although a person can trip or slip if they are clumsy or distracted, often the person trips or slips because the property owner failed to prevent an avoidable hazard. If you or a loved one experienced a trip or slip-and-fall that led to an injury, here’s what you should know.
Austin Slip-And-Fall Accident and Premises Liability
To prove that a property owner is responsible for your slip-and-fall injury, you need to show they had a legal duty to warn about, or fix, a hazard on the property but failed to warn or fix it. Premise liability is the area of law that covers this responsibility. A property owner should prevent slip-and-fall injuries by correcting dangerous situations or warning about them when the danger is not obvious. The property owner should be aware of dangerous situations and warn visitors or correct the dangerous situations when the owner is, or should be, aware of them and the visitor is not.
Reasons for Liability for Slips and Falls
Property owners should ensure that visitors to their properties can walk on them safely. They should prevent any potential slips and falls, but they are not always held responsible for failure to do so; a skilled attorney can help you hold them accountable. Here are some common ways property owners fail to prevent injury; an attorney can help you determine if that failure would support a claim against them:
- Failing to warn about hidden hazards by incorrectly placing cones or signs
- Neglecting to fill open holes in landscapes or parking lots
- Neglecting to remove tripping hazards caused by debris on sidewalks, floors or walkways
- Neglecting to maintain stairs by replacing or repairing broken railings or steps
- Neglecting to install railings on stairwells and stairs
- Neglecting to repair an escalator that is malfunctioning
- Installing inadequate lighting for walkways and in stairwells, corridors and parking garages
- Neglecting to repair uneven traffic areas such as seriously cracked or broken pavement or sidewalks
- Neglecting to repair loose or damaged flooring, carpet or mats
- Failure to mop-up spills on grocery or department store floors in a timely manner
- Leaving traffic areas dangerously slick after waxing or mopping
What to Do If You Suffer Injuries from a Slip And Fall
If you experience a trip or slip-and-fall, take these steps to make sure you are prepared for any legal action:
- Immediately seek any necessary medical attention
- Check the scene of the fall for evidence of neglect or inappropriate placement of warning signs
- Take pictures of your injuries, of the accident scene and surrounding area
- Ask any witnesses for their contact information
- File an accident report with the owner and ask for a copy
- Make detailed notes about what happened and who you reported the event to
- Keep copies of your medical records
- Preserve any evidence, including the shoes you were wearing and your unwashed clothes
- Refrain from giving any statements to the property owner’s insurance company
- Refrain from making any public statements to the press or on social media related to the accident
- Contact an experienced slip-and-fall attorney soon after your accident
How an Experienced Slip-and-Fall Attorney Can Help
You don’t have to figure out what to do on your own. An experienced slip-and-fall attorney can help you navigate the legal process. Here is what you can expect an experienced slip-and-fall attorney to do:
- Gather evidence, including checking maintenance records, requesting pictures, and reviewing surveillance camera footage
- Contact any witnesses for interviews
- Look over your medical records and consult with experts concerning the extent and type of your injuries
- Determine the cause of your slip-and-fall accident through consultations with knowledgeable accident reconstruction experts
- Review your accident report
- Prepare your claim against the property owner
- Negotiate on your behalf with the property owner’s insurance company
- File a lawsuit if necessary
- Seek fair compensation for your injuries
- Represent you in court if necessary
Talk to an Attorney Today About Your Slip-And-Fall Accident
If you experience a slip-and-fall accident that results in injuries in Austin, Texas, or the surrounding areas, contact the Lawyer Referral Service of Central Texas (LRS). We can help you find an attorney who is right for your case. Contact Austin LRS today.
