Aggressive Representation after An Accident on Residential or Commercial Property
In Texas, as in all states, a person who owns or has responsibility for maintaining residential or commercial premises has a duty to use reasonable care to prevent needless injury to anyone legally visiting the property. Unfortunately, property owners, landlords and property managers are often careless, failing to keep an eye out for known dangers, failing to fix broken steps or other hazards, or failing to properly notify visitors. If you’ve been hurt because of the wrongful acts of a property owner or manager, you want an experienced attorney to help you pursue full and fair compensation for all your losses. You want Bailey & Galyen.
At Bailey & Galyen, we have fought for the rights of personal injury victims in San Antonio and throughout the state of Texas for more than four decades, including people who have suffered any type of injury in 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 been injured through no fault of their own. Our clients consistently praise us for our thorough preparation and timely communication, making referrals a steady source of new business for us. We will work hard to ensure that you are involved and informed throughout the legal process. We’ll promptly notify you of any developments in your case and carefully explain your options, as well as your prospects for success, so that you can make the right decisions about your future.
For an appointment with a knowledgeable and assertive San Antonio slip, trip and fall attorney, contact Bailey & Galyen online or call our offices at 844-402-2992.Your first consultation is without cost or obligation.
Premises Liability in Texas
In the Lone Star State, an owner or person in control (“owner”) of commercial or residential premises has a legal duty to maintain the premises so as to minimize the risk of injury to anyone rightfully on the property. Texas law does not require the owner to guarantee the safety of visitors but only imposes a standard of reasonableness. The owner need only take those measures that a “reasonable person” would have under the circumstances (as determined by the jury).
Texas still imposes different standards for property owners, based in part on the legal “status” of the visitor:
- Invitees—If the visitor is deemed an “invitee,” the owner will owe the highest duty. Under the law, an invitee is defined as any person who enters the property primarily to confer a benefit upon the owner. The customers who patronize a commercial enterprise, for example, are generally considered invitees, as they come on the premises to benefit the owner by purchasing goods or services. Property owners owe the following duties to invitees:
- They must regular monitor and/or inspect the property for potentially dangerous conditions and must take reasonable steps to eliminate any hazards that are discovered
- They must reasonably notify or warn visitors of any known hazards, as well as any that the owner should reasonably have discovered
- Licensees—All other legal visitors to residential or commercial property are “licensees.” The owner owes many of the same duties that are owed to an invitee but has no duty to routinely monitor or inspect the premises. The owner must, however, reasonably notify guests of any known hazards or potentially dangerous conditions and must use ordinary care to repair or eliminate those conditions.
- Trespassers—A person who comes on commercial or residential property without legal right or permission will generally be labeled a trespasser. Texas imposes no duty on property owners with respect to trespassers, other than a duty not to intentionally or recklessly cause injury. A notable exception, though, is what the law calls an “attractive nuisance.” The is typically a feature on the property, such as a swimming pool or gravel pile, that would reasonably attract a child. If a child enters because of an attractive nuisance and suffers injury, the property owner may be liable.
What Types of Hazards Most Often Cause Slip and Fall Accidents in San Antonio?
Premises liability lawsuits are most often based on a legal theory of negligence, where the property owner has failed to act reasonably to prevent injury. Typical property defects in slip and fall claims include:
- Defective flooring, from broken tiles or floorboards or frayed or ripped carpet/linoleum to protruding nails or screws, or poorly anchored rugs or throws
- Slippery surfaces, either through the accumulation of mud, ice or snow, or due to food or liquids on the floor
- Broken, dangerous or defective steps, stairs, banisters, railings, ramps, decks, landings or platforms
- Trash or debris obstructing a passageway or thoroughfare
- Poor or inadequate lighting, causing visitors to lose their footing
What Are the Common Injuries Suffered in San Antonio Slip and Fall Accidents?
Premises liability accidents can cause a broad spectrum of injuries, including:
- Soft-tissue trauma, such as lacerations and contusions, as well as sprains, strains and tears to connective tissue, such as muscles, tendons, ligaments and cartilage
- Serious and catastrophic injury or loss, from traumatic brain injury (TBI) and spinal cord trauma to broken bones, paralysis, permanent scarring or disfigurement, and amputation or loss of limb.
In some instances, a slip and fall accident can also be the cause of a wrongful death.
Who Can You Typically Sue to Recover for Losses Suffered in a Slip and Fall Accident?
In Texas, any person who has the right or authority to oversee, manage or maintain residential or commercial property can be held responsible for injuries suffered on the premises. As a consequence, a wide range of parties may potentially be liable for injuries you suffer in a slip, trip and fall:
- The owner of the property
- A landlord or tenant of residential or commercial premises
- A property manager or property management company
What Types of Damages Can You Pursue in a Slip and Fall Lawsuit in San Antonio?
In a slip, trip or fall lawsuit, you can seek compensation for any loss or injury arising out of or caused by the accident, including:
- Unearned wages or income, including salary, commissions, bonuses and benefits
- Unreimbursed medical expenses
- Your loss of consortium or companionship—Any impact on your ability to enjoy close intimate or relationships with family members
- Your loss of enjoyment of life, which compensates you for those things you previously enjoyed, but can no longer do because of your injuries
- Any physical or mental pain and suffering related to or arising out of the accident or your injuries, either in the immediate aftermath of the accident or in the form of chronic pain
- Any property loss or damages caused by the accident
What Conditions Typically Lead to Premises Liability Claims in San Antonio, Texas?
As a general rule, slip and fall lawsuits are based on allegations of 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 Steps Should You Take to Protect Yourself after a Slip and Fall Accident?
Your first concern, after any type of personal injury, should be your health. Evaluate your injuries and determine if you can leave the scene of the accident under your own power. If you have suffered any trauma to your head, neck or spinal cord, it’s best to stay right where you are until emergency responders are on the scene (unless doing so puts you at further risk). The EMTs can quickly determine the nature and extent of your injuries and decide whether you need an ambulance. They are the experts—trust their judgment.
Even if your injuries seem inconsequential, you want to get medical treatment as soon after the accident as possible, either in a hospital emergency room, at an urgent care facility or from your primary care physician. The longer you wait, the greater the likelihood that your condition will worsen. In addition, delaying treatment can potentially compromise your legal rights.
If possible, before leaving the scene, obtain contact information from anyone involved in the accident, including the property owner or manager, as well as any witnesses. Use your phone, if necessary, to take pictures of anything related to your accident, such as the property conditions at the time of your accident or the injuries that you have suffered.
How Can a Proven Slip and Fall Accident Attorney Help Protect Your Rights?
At Bailey & Galyen, because we’ve successfully represented thousand of personal injury victims, we know exactly what needs to be done to help you pursue full and fair compensation for all your losses. We will
- Immediately and accurately consider the merits your claim, helping you decide whether to seek a negotiated settlement or to protect your rights at trial
- Gather, evaluate and preserve all evidence to support your claim, and interview and prepare all potential witnesses
- Determine the need for expert witnesses to help the jury understand your claims, as well as your losses. We will also ensure that all expert witnesses are fully prepared for deposition or trial.
- Serve as your intermediary with insurance companies, working to get all the benefits that your insurance policy provides
- Prepare and file your complaint, as well as any other documents required during the legal process
- Be a strong advocate for you in all meetings, proceedings and hearings
Speak with Our Experienced San Antonio 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 1-844-402-2992 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 1-844-402-2992 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.
