Maximizing Your Claim after a DFW Slip and Fall Accident
In Fort Worth and throughout the state of Texas, residential and commercial property owners, landlords, tenants and others in control of property have a duty to use reasonable care to maintain the property, so as to minimize the risk of injury to anyone legally visiting the property. When this duty is breached and someone suffers an injury, that person has a right to bring a personal injury lawsuit, known as a premises liability claim, to recover full and fair compensation for any losses caused by the accident or injury.
What Is Premises Liability?
Premises liability refers to the legal responsibility an owner or other person in control of residential or commercial property may have when someone is injured on the property because of negligent or careless maintenance of the premises. Often referred to as “slip and fall” accidents, premises liability claims can involve slippery floors, sidewalks, steps, driveways, ramps or other thoroughfares, dangerous or defective flooring, broken steps or stairs or cracked or broken pavement or asphalt. The legal definition of premises liability has been expanded in many jurisdictions, including Texas, to impose liability for poor or inadequate lighting or negligent security.
The concept of premises liability evolved out of the common law, where the duties of a property owner (or person in control) varied, based on the status of the visitor. Most states, though, have replaced the old “status-based” approach with one that simply looks at whether the property owner used reasonable care when maintaining the premises.
How Does an Attorney Get Compensation in a Premises Liability Claim?
Though you can seek compensation for the intentionally harmful acts of another person, as a practical matter most personal injury/premises liability claims are based on a legal theory of negligence. To prove negligence, your lawyer must show that:
- The defendant (person from whom you seek compensation) failed to act as a reasonable person would—The determination of what a “reasonable” person would do is made by the jury
- The failure to act reasonable caused an accident—The failure to act reasonably must have been the “but-for” cause and the proximate cause of the accident, i.e., the accident would not have happened if the person had acted reasonably, and the injuries suffered were reasonably foreseeable as a consequence of the failure to act reasonably
- You suffered actual losses as a result of the accident—An injured person may not recover compensation for losses that are covered by insurance or otherwise paid
What Types of Compensation Are Available in a DFW Premises Liability Claim?
When you have sustained an injury because of the wrongful act of a property owner, you have the right to seek compensation for:
- Any lost wages or income stemming from the accident, both immediately following the accident and into the future
- Any physical, emotional or mental pain and suffering caused by the accident
- Any unreimbursed medical expenses incurred because of the accident
- The loss of companionship or consortium resulting from the accident
- The inability to engage in simple acts of daily life or to participate in activities that brought joy, fulfillment or satisfaction before the accident
- Any property damage caused by the accident
Contact the Proven Premises Liability Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we understand the devastating impact any type of personal injury can have on every part of your life, including all types of slip and fall-related injuries. We’ll aggressively protect your rights throughout the legal process, acting as your intermediary with insurance companies and as your voice in all meetings, hearings and legal proceedings. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
