Aggressive Advocacy after an Injury on Residential or Commercial Property
You’ve tripped on broken pavement or lost your footing on a slippery floor at a business or someone else’s home. As a result, you’ve sustained significant injuries—perhaps a concussion or other traumatic brain injury. You have a right to seek compensation for any losses caused by your accident—lost wages, medical expenses not covered by insurance, physical pain and suffering, and even the loss of the ability to do things you previously enjoyed. That’s when you need an experienced personal injury attorney, someone who can quickly and accurately assess the merits and potential value of your case, who will take the right steps to fully protect your legal rights. You want Bailey & Galyen.
At Bailey & Galyen, we have protected the rights of injured people in Bedford and across Texas for more than four decades, including victims of slip, trip and fall accidents. Over the past 40+ years, we have secured hundreds of millions of dollars in verdicts and settlements for people who have suffered needless injury because of the carelessness or negligence of others. We attribute our success to our longstanding commitments to thorough preparation and timely communication. We will keep you involved and informed at all times, promptly notifying you of any developments in your case. We’ll carefully explain your options, as well as your chances of success, so that you can make educated decisions about how you want to proceed.
To schedule an appointment with a proven Bedford slip and fall attorney, contact Bailey & Galyen online or call our offices at 817-345-0580. There’s no cost or obligation for your first consultation.
Understanding the Texas Premises Liability Laws
In Texas, as in all states, the owner or person in control (“owner”) of commercial or residential property has a legal duty treasonably maintain the premises so as to minimize the risk of injury to anyone legally on the property. The law does not require the owner to guarantee the safety of visitors but requires that the actions taken to maintain the property be reasonable (as determined by a jury).
As the Texas courts have interpreted that duty, the requirements of the owner differ, based to some extent on what the law refers to as the legal “status” of the visitor:
- Invitees—An owner owes the highest duty to individuals who are found to be “invitees.” The law defines an invitee as anyone who visits property primarily to provide a benefit to the owner. For example, customers of a commercial enterprise are commonly considered to be invitees, as they are on the premises to benefit the owner by purchasing goods or services. The duties owed to invitees include:
- Regular monitoring and/or inspection of the property for potentially dangerous conditions—if any are discovered, the owner must take reasonable steps to eliminate those hazards
- Reasonable notice or warning of any hazards or dangerous conditions that the owner knew or should reasonably have known about
- Licensees—Anyone legally visiting residential or commercial property for any other purpose will be considered a “licensee.” The duties owed to a licensee are similar, except that the owner is not required to regularly monitor or inspect the premises. The owner must, however, provide reasonable notice of any known hazards or potentially dangerous conditions and must use ordinary care to repair or eliminate those conditions.
- Trespassers—Persons who come onto residential or commercial property without permission or invitation are legally defined as trespassers. Owners of residential or commercial premises generally owe no duty to trespassers, except that they may not intentionally or recklessly cause injury to such person. However, if the property has what the law considers an “attractive nuisance,” such as a swimming pool or other feature that would naturally attract a child, the property owner may be liable for injuries to the child.
What Are the Common Causes of Slip and Fall Accidents?
Premises liability claims are customarily based on allegations of carelessness or negligence by a property owner. That may involve:
- Slippery surfaces—Treacherous footing due to food, liquids, oil or other substances on an interior floor, or to sidewalks, steps, driveways and other outdoor surfaces that have accumulations of rain, snow or ice
- Dangerous or defective flooring, such as broken floor tiles or floorboards, frayed or ripped carpet or linoleum, protruding nails or screws, or poorly anchored rugs or throws
- Refuse or debris that a visitor must wade through, climb over or otherwise circumvent
- Broken, dangerous or defective steps, stairs, banisters, railings, ramps, decks, landings or platforms
- Poor or inadequate lighting, causing visitors to trip over unseen objects
What Are the Most Frequent Causes of Premises Liability Claims in Bedford, Texas
In most instances, premises liability claims involve a failure to reasonably monitor or inspect the premises for potentially dangerous conditions, such as:
- Torn, defective or carelessly anchored carpet, tile, linoleum or rugs
- Dangerous or defective floorboards, steps, stairs, sidewalks, driveways, ramps, decks and other structures or surfaces
- The presence or accumulation of snow, ice, water, refuse, debris, oil, food or other substances on any thoroughfares
- Potholes or cracks in sidewalks, driveways and parking areas
What Types of Injuries Are Commonly Suffered in a Bedford Slip and Fall?
A slip and fall accident can cause a wide range of injuries, including:
- Soft-tissue trauma, such as cuts and bruises, as well as injury to connective tissue, such as muscles, tendons, ligaments and cartilage
- Serious and catastrophic injury or loss, such as traumatic brain injury (TBI) and spinal cord trauma, fractures, paralysis, permanent scarring or disfigurement, and amputation or loss of limb.
Under the right circumstances, a slip and fall may also lead to a wrongful death.
Who Can You Sue for Compensation after a Slip and Fall Accident?
In Texas, any person who has the right or authority to maintain residential or commercial property may be responsible for a premises liability accident and injury. In addition to the property owner, property managers can be found liable for loss or injury, as can landlords or tenants of residential or commercial premises.
What Types of Compensation Can You Expect to Recover after a Slip and Fall in Bedford?
In a Bedford slip and fall lawsuit, as in any personal injury claim, you have the right to recover compensation for any loss or injury resulting from the accident:
- Lost wages or income, including salary, commissions, bonuses and benefits
- Any medical expenses not reimbursed or paid by your insurance company or through other means (you cannot recover twice for the same loss)
- The loss of consortium or companionship—Your loss of the ability to enjoy close intimate or familial relationships with loved ones
- Your loss of enjoyment of life, which provides compensation for your inability to do those things that brought you joy or fulfillment before the accident, or to perform the routine activities of daily life
- Any physical or mental pain and suffering caused by the accident, either immediately after your injury or in the form of chronic pain
- Any property loss or damages caused by the accident
What Should You Do When You Have Been Hurt in a Slip and Fall Accident in Bedford, TX?
In the moments following a slip and fall accident, your first concern should be your health. Do a quick self-assessment and confirm whether you can safely move under your own power. If you have sustained any type of injury to your head, neck or spinal cord, stay where you are until emergency responders arrive. They’ll be able to quickly determine the nature and extent of your injuries, as well as whether you need to go to the hospital by ambulance. They are professionals—defer to their expertise.
Even if your injuries seem to be relatively minor, seek medical treatment as soon as you can, either at a hospital emergency room, an urgent care facility or your primary care physician. The longer you wait, the greater the likelihood that your condition will be worse. In addition, delaying treatment can jeopardize any legal claims you have.
If possible, take the time before you leave the scene to gather contact information from all involved parties, including the property owner or manager, if present, as well as anyone who may have witnessed the accident. Get your phone out and take pictures of anything that seems relevant to your accident, from the property conditions at the time of your accident to any injuries that you suffered.
How an Experienced Slip and Fall Accident Attorney Can Help Protect Your Rights
A knowledgeable and effective personal injury lawyer will:
- Quickly and accurately assess your claim, so that you can make the right decisions about pursuing a settlement or taking your case to trial
- Gather, evaluate and preserve all evidence to support your claim, and interview and prepare all potential witnesses
- Determine whether you need to bring in expert witnesses to help the jury understand your claims, as well as your losses. Your attorney will also take the time to prepare any expert witnesses.
- Serve as your liaison with your insurer, helping you get all the benefits to which your insurance policy provides
- Prepare and file your complaint, as well as any other documents required during the legal process
- Be a h2 advocate for you in all meetings, proceedings and hearings
Speak with Our Experienced Bedford Slip and Fall Attorneys Today!
Take the first step today to get full and fair compensation after a slip and fall accident. Contact Bailey & Galyen online or call our offices at 817-345-0580 or send us an email. Our phones are answered 24 hours a day, seven days a week. We are happy to meet with you evenings or weekends, if necessary, and can travel for an appointment, upon request.
To schedule a free initial consultation to discuss your slip and fall claim, call our offices at 817-345-0580 or contact us by e-mail. We handle all slip, trip and fall claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
Bailey & Galyen Attorneys at Law Office Location
1901 Airport Fwy.
Bedford, TX 76021
817-345-0580
