Dallas Slip and Fall Lawyer

Slip and fall accidents are no laughing matter. If you’ve been hurt in a Dallas slip and fall accident, our law firm can help.

Slip and fall accidents take place every day in our city. These falls often occur during everyday activities, such as shopping at the Dallas Market Center, strolling through the Bishop Arts District, or in the workplace. In the blink of an eye, you can end up with major injuries from a fall, costing you time from work and a mountain of expenses for medical care. When someone else's negligence causes harm, it only makes your situation even more stressful. If you are dealing with a slip and fall injury that was due to the negligence of another person or entity, it's wise to talk with a Dallas slip and fall lawyer about your case.

If you’ve been injured in a slip, trip or fall accident in north Texas, call our Dallas slip and fall attorneys at The Rasansky Law Firm today, toll-free at (214) 651-6100 to discuss the facts of your case and the legal options available to you.

Property owners are responsible for ensuring that their premises are kept safe for visitors. When it comes to a store or business location, this can mean picking up things off the floor that may be a hazard for patrons, making sure spills are mopped up, and ensuring that amenities like elevators are working as they should.

Accidents are going to happen. However, slip, trip and fall accidents can often be avoided if the person in charge of the property simply follows the law and fixes any safety issues they know (or should know) exist.

Most slip and fall accidents in Dallas tend to occur within or around a business establishment. According to the law, a slip and fall victim may recover a portion of their losses relating to the injury as long as they can prove that the business owner or establishment failed or breached their duty of care.

Responsibilities of the Property Owner

Let’s explore exactly what it means to breach that duty of care according to the law. Here are the two basic duties that a property owner assumes when having visitors on their property:

• The property owner should do their best to ensure that any dangerous conditions are neutralized
• The property owner should place a sign next to known hazardous areas or cordon them off so that visitors are sufficiently warned

The property owner's specific responsibilities may change depending on whether the visitor is considered an invitee, a licensee, or a trespasser. Depending on which type of visitor you are, the property owner owes you a certain level of care.

Invitees are owed the highest duty of care. To be considered an invitee, you must have entered the property owner’s premises with their express or implied knowledge and for the mutual benefit of both parties. The best example of an invitee is a customer at a store. The property owner is running a business and wants you to come in and buy things, so it is clearly established that you have been invited.

If you’re considered an invitee, the property owner must provide you with the highest duty of care by taking the following action:

• Ensure that the property is safe for visitors (including reasonable ongoing inspections)
• Warn visitors of any known dangers which cannot immediately be fixed
• Rescue any visitors who are injured while visiting the property

Licensees are generally defined as those who enter the property with express or implied permission of the owner, and no business purposes are involved. Acquaintances and friends who enter the residence (social guests) are usually considered licensees under Texas law.

Trespassers are unauthorized visitors who gain entry to a property without lawful right or consent from the owner, sometimes for nefarious reasons.

No matter what kind of visitor you are, the property owner owes you a certain duty of care according to our state laws. If you’ve been hurt in any type of slip and fall accident, call our personal injury lawyers to discuss the facts of your case with us. The consultation is free, and we may be able to help file a claim or lawsuit on your behalf.

Sometimes proving your visitor status and the property owner’s negligence may seem like it should be a simple matter of common sense. However, in most cases, it won’t be so cut and dry. This is why it’s so important to hire a competent Dallas slip and fall lawyer who has experience with these types of cases.

You need a strong advocate on your side to help you get through the hurdles you may encounter. The Rasansky Law Firm today is available toll-free at (214) 651-6100 to discuss the facts of your case and the legal options available to you.

Here are a few examples of slip and fall accident causes for which you may need to obtain a lawyer:

1. Slipping on water or other liquid which was not cleaned up or cordoned off
2. Falling due to escalator malfunction
3. Triping over an unseen obstruction due to poor lighting (including in parking lots)
4. Tripping on a sidewalk due to broken, uneven or poorly maintained concrete

The Perils of Slip and Fall Injuries

Millions of slip and fall incidents occur every year, often resulting in serious injuries for many individuals. Thousands of people end up hospitalized due to slips, trips, and falls. The elderly, age 65 and over, experience the most harm. From icy sidewalks to wet floors at the grocery store, there is always an inherent risk of falling when out in public or in the home. Even one slight misstep can lead to life-altering injuries.

Statistics on Slip and Fall Incidents in the United States

• The Centers for Disease Control and Prevention reports that hospitals admit nearly 1 million people yearly due to fall injuries, such as hip fractures and head injuries.
• The National Institute on Aging reports that almost 30 percent of senior citizens in the United States experience at least 1 fall every year.
• The National Floor Safety Institute states over 1 million emergency room visits in the U.S. result from slip and fall accidents every year.
• The National Safety Council cites that employee slip and fall accidents cost roughly $70 billion anually in medical expenses and lost income.

Trends in Slip and Fall Injury Rates Over Time

Slip and falls injuries keep rising year after year. Two main factors are thought to contribute to the continual rise of slip and fall injuries. One factor is an aging population. Statistically, older people fall more so as our entire population tends to grow older on average, more slip and falls happen.

The other main factor contributing to the rise in slip and fall cases seems to be related to our increasingly high-tech society. It is thought that with more technology to assist us in our daily lives, we tend to live a less physically active lifestyle, which is causing an overall decrease in our physical fitness and thus a higher risk of falling.

Despite solid efforts to improve safety protocols in business and workplaces, slip and fall accidents remain a rising public health threat.

Frequent Injuries Resulting From Slip and Fall Accidents

Slip, trip, and fall accidents happen to anyone at any time; no one is immune from this risk. Slippery floors, poorly lit stairways, or debris-filled walkways are all dangerous situations lurking around every corner. Whether you encounter one of these or some other negligent situation to cause a fall, these accidents can result in a wide range of injuries that will leave you in a great deal of pain and unable to perform your daily activities.

Here are some of the most common examples of slip and fall accident injuries:

1. Fractured Bones: A hard fall can easily result in broken bones, especially in the wrist, arm, ankle, or hip.
2. Sprains and Strains: The sudden impact of a fall can cause sprains and strains in your muscles and ligaments, leading to pain, swelling, and difficulty moving.
3. Head Injuries: Falls can cause serious head injuries, such as a concussion, skull fracture, or traumatic brain injury.
4. Back and Neck Injuries: The force of a fall can result in painful back and neck injuries, including herniated discs and spinal cord injuries.
5. Cuts and Bruises: Scrapes and bruises often occur from slip and fall accidents. Although these are minor injuries, they can still be painful and slow to heal.

Obtaining Medical Treatment or Therapy After an Accident

Don't dismiss your fall as no big deal, especially if you experience symptoms afterward. Many slip and fall accident victims don’t realize right away that they need medical care. If you aren’t sure about the severity of your injuries after a fall, it’s best to get a medical evaluation right away. Doing so reduces your recovery time and helps you avoid long-term damage to your health.

Knowing the available treatments may help you decide on the best care for your needs. From managing your pain to supporting your overall healing, there are many reasons why medical care should be sought after a slip and fall accident.  Here is some more information about the various kinds of medical care you may require if you have experienced a fall injury.

Types of Medical Treatment for Slip and Fall Injuries

A slip and fall accident can cause anything from minor contusions to a life-altering traumatic brain injury. When your goal is full recovery, consider all potential medical treatments. Your treatmeant plan may include everything from visiting your treating physician or orthopedic specialist to undergoing physical therapy sessions.

The most common medical treatments for fall accidents include the following:

1. Doctor Visits: See your healthcare professional first if you've endured any type of injury from slipping and falling. They can diagnose your injury and recommend a course of treatment.
2. Physical Therapy: Physical therapy can help you regain strength, flexibility, and mobility after an injury. A physical therapist can customize a rehabilitation plan tailored to your individual needs.
3. Chiropractic Care: Chiropractic treatment offers an effective remedy for injury-induced pain, inflammation, and poor range of motion, especially for back injuries. This therapeutic intervention is often instrumental in getting you back to your old self after a slip and fall injury.
4. Massage Therapy: Massage therapy relies on a holistic form of healing, which helps reduce muscle tension and stress, thus aiding in recovery following an injury or fall.
5. Acupuncture: Acupuncture can help alleviate pain and promote healing by targeting specific muscles to release soft tissue constriction and promote blood circulation.
6. Medications: Over-the-counter or prescription pain relievers help relieve pain and swelling after a fall.

After a slip and fall, time is of the essence. Go to the doctor directly after your fall if possible. After your initial evaluation by a medical professional, stay in tune with your body and update your doctor if you notice any new symptoms develop in the days and weeks following your slip and fall accident.

How to Handle a Slip and Fall Accident

Here are six critical steps for building your slip and fall case:

1. Consult a Doctor: Even if you don't feel any discomfort, undergoing a medical evaluation helps to ensure you don't develop long-term effects from the injury. If you're in pain or discomfort, it's even more important to seek medical attention immediately.
2. Report the Accident: If the incident occurred on somebody else's property or public space, notify the local authorities. This report helps establish a record of the accident and provides vital information for your fall case.
3. Document the Scene: Take photos or videos to document any hazardous conditions that may have caused the fall. This step can help you make a strong case for determining the at-fault party.
4. Get Contact Information: If there were any witnesses to the accident, get their names, addresses, and phone numbers. This information can be helpful for your premises liability claim.
5. Keep a Record of Expenses: Keep a record of all accident-related expenses, including medical bills, lost wages, and other out-of-pocket costs. This information will be vital when the time comes to recover compensation.
6. Contact a Slip and Fall Attorney: If you need clarification on your rights and options after a slip and fall incident, consider contacting a slip and fall attorney. A skilled lawyer knows how to make sure you get compensated for your losses. You can contact The Rasansky Law Firm right now for a free consultation.

Your health and rights are important. Taking the proper steps after a slip and fall accident can ensure you receive the best possible medical care as well as have the proper documentation needed to support a personal injury claim.

What Is the Time Limit for a Slip and Fall Injury Claim in Texas?

After the incident, victims of slip and fall accidents have up to two years to file a claim against a negligent property owner. For instance, if a slip and fall incident occurred on January 1, 2021, the victim would have until December 31, 2023, to seek financial recovery in a fall case. This time limit, known as the statute of limitations, is detailed in Texas Civil Practice and Remedies Code, section 16.003.

Don’t wait until your statute of limitations is almost up to talk to a lawyer. Seeking legal representation as soon as possible after a slip and fall accident is recommended to protect your rights and interests.

Why Is there a Time Restriction for Filing Personal Injury Suits in Texas?

Statute of limitations laws exists primarily for two reasons. First, they help protect potential defendants from facing outdated claims that may be difficult to disprove due to issues like:

• Lost or destroyed evidence
• Fading memories of witnesses
• Death of an involved party

Second, the statute of limitations help ensure cases are brought forward promptly, preventing false claims from being made after too much time has passed.

What Strategies Can I Use To Ensure I Meet My Deadline?

Your best bet for staying within the statutory window is to act quickly and consult with an experienced slip and fall lawyer right after your fall occurs. Your lawyer can review your personal injury case and provide guidance immediately. Your lawyer will also help you collect all necessary documentation before it's too late, such as:

• The police report for the accident
• Medical records and bills related to your injury
• Insurance information from both parties involved in the incident
• Witness statements, if applicable
• Any other evidence you and your attorney believe is relevant to your case

Additionally, keep a record of all communication between yourself and the at-fault party responsible for your injury. All of this information will be vital for recovering damages.

Seeking legal representation soon after a slip and fall incident in Texas safeguards your rights. An experienced lawyer can help you assess the merits of your case and ensure that you receive full and fair compensation for your losses. Don't let the statute of limitations pass without exploring all legal options. Contact a slip and fall attorney today.

What Is Needed To Prove Liability in a Slip and Fall Case?

A slip and fall accident can result in serious injuries. After suffering a slip and fall injury, you may have the right to recover compensation from the at-fault party.

Once you pursue legal action against the responsible party, you must prove certain elements in order to win compensation. Understanding the elements of proof increases your chances of winning your slip and fall case. A Dallas slip and fall lawyer can assist with every step of the process.

Here are elements involved in proving a personal injury claim:

1. Duty of Care

The property owner had an obligation to keep their grounds safe. This legal concept is known as the “duty of care”. This duty can include ensuring that all hazardous areas, such as open stairwells or uneven surfaces, are marked and well-maintained. The law holds property owners liable for fall injuries if they fail to take reasonable measures to keep visitors safe.

For instance, spilled fluid on a grocery floor poses a risk. The property owner must address the potential fall hazard by cleaning it up or warning visitors of the spill.

2. Breach of Duty of Care

You'll need solid evidence that the property owner failed their duties. This element means demonstrating the owner wasn't thorough enough when addressing any hazards that led to your fall. For instance, there's a breach of duty if there is a spill but wet floor warning signs are blocked from view, not easily seen, or aren't displayed at all.

3. Direct Causation

Winning a slip and fall case requires proof that the property owner's breached duty of care was the direct cause of your accident. An example of direct causation is slipping on a wet floor due to lack of warning signage. This step requires collecting reliable evidence and witnesses that support your claim. That includes accident photos, medical bills, accident reports, and other relevant documents.

4. Damages

The damages element is the easiest to prove. All you will need is proof of your medical bills and other expenses related to the accident. You may also be eligible for pain and suffering, lost wages, or other compensatory damages based on the severity of your fall injuries. For example, if you had to take time off of work due to your accident, you can claim lost earnings as part of your damages.

You can increase your chances of achieving a favorable settlement or court judgment in your slip and fall claim when you prove all of these elements. This process requires diligent investigation and gathering of evidence. That's why partnering with an experienced Dallas slip and fall lawyer at The Rasansky Law Firm gives you the best chance of recovering maximum compensation for your losses.

Types of Compensation for a Dallas Slip and Fall Case

Are you affected by a slip and fall accident in Dallas? If your fall happened because of someone else’s negligence, you can receive compensation. These funds could help cover the costs of medical care, lost income, and other losses associated with your injury. Listed below are common types of damages sought in a slip and fall legal claim:

Economic Damages in Slip and Fall Claims

A slip and fall claim often includes financial losses from an accident to compensate the victim for out-of-pocket expenses. These economic damages help restore a person's physical and fiscal well-being following a serious injury.

Some examples of economic damages in slip and fall cases include:

• Medical expenses: This includes the cost of medical treatment, rehabilitation, and therapy, as well as any future medical costs related to the injury.
• Lost Wages: If your injury has prevented you from working, you may be able to recover lost wages, including future lost earnings, if your injury has caused long-term or permanent disabilities.
• Property damage: If your personal property, such as clothing or a cell phone, was damaged during the fall, you may be entitled to compensation to repair or replace the items.
• Loss of earning capacity: If the injury results in a permanent disability that affects your ability to earn a living, and you may be entitled to compensation for losing your earning capacity.
• Punitive Damages: In some cases, if the property owner's negligence was reckless, you may be eligible for punitive damages, which are designed to punish the responsible party and deter others from similar conduct.

Non-Economic Damages in Slip and Fall Claims

Slip and fall victims can recover non-economic damages to compensate for the physical and emotional pain they experienced due to their injury. Non-economic damages provide compensation for their suffering that courts can't calculate in monetary terms. These intangible damages help to lessen the hardships endured by accident victims.

Some examples of non-economic damages in slip and fall cases include:

• Pain and suffering: This includes the physical pain and emotional distress the victim experiences due to the injury. An example of pain and suffering could be the mental anguish caused by having to relive the accident to give testimony at trial.
• Loss of companionship: If the victim's injury has disrupted their relationships, they may be entitled to compensation for loss of companionship. For instance, if a spouse cannot participate in activities together due to injury, such as going to the movies or vacationing, they may be eligible for compensation.
• Loss of enjoyment of life: If the injury has limited the person's ability to participate in activities they once enjoyed, they may be entitled to compensation for the loss of enjoyment of life. Examples include not being able to participate in hobbies or sports, go out with friends, or travel.
• Disfigurement: If the injury results in a permanent scar or disfigurement, the victim could recover money for the physical and emotional impact of the disfigurement. For instance, if a fall results in facial scarring or paralysis, the victim may be eligible for additional damages.
• Emotional distress: If the injury resulted in severe emotional trauma, such as anxiety or depression, the victim could receive compensation for the emotional distress they experienced resulting from the fall and injury.

Your compensation after an accident depends on the specifics of your case.

You should know that you don't have to bear the financial burden alone. The Rasansky Law Firm is here to help make sure you get the justice and compensation you deserve. Contact us for a free consultation with one of our experienced Dallas slip and fall injury lawyers. We are uniquely qualified to help you navigate the legal system and get you maximum financial recovery.

What Role Does a Slip and Fall Lawyer Play in a Slip and Fall Injury Claim?

You could recover money if you suffered a serious injury in a slip and fall accident. An experienced slip and fall lawyer can help you navigate the legal complexities of this type of case. With a skilled attorney advocating for you, your chances of recovering the compensation you deserve are much higher.

Here's how a slip and fall attorney can help in your case:

Investigating the Accident

Slip and fall lawyers gather pertinent evidence, interview witnesses, and examine the accident scene to determine what happened and who was at fault.

Evaluating Your Damages

Slip and fall attorneys work with medical experts and other professionals to determine the full extent of your fall injuries and other losses.

Handling Negotiations

Fall lawyers will negotiate with the insurance company or other responsible parties to reach a settlement that adequately compensates you for your damages.

Maximizing Your Compensation

A slip and fall attorney can maximize the amount of compensation you receive. Our attorneys are skilled and experienced at negotiating a settlement that covers all your damages, including medical bills, lost wages, and non-economic expenses as well.

Representing Your Interests

Sometimes at-fault parties refuse to settle the claim. In that instance, your attorney will represent you in court, and they will convincingly present your case to the jury to win your case and get you the best possible result.

These are just some of the ways that hiring a Dallas slip and fall attorney can help you get the compensation you deserve. As a victim of a slip and fall accident, don't hesitate to contact an attorney today for assistance.

The Role of Insurance in Slip and Fall Compensation

Insurance is a vital factor in securing compensation for slip and fall victims. Depending on the circumstances of an accident, the property owner's insurance may cover the damages. For instance, if the premises had inadequate lighting, a security camera malfunctioned, or there was an unstable surface that the negligent property owner should have been aware of, the insurance company may be liable for damages.

Knowing how these insurance policies work can help you identify the legal avenues available after a slip and fall. An insurance company's priority is to make money, not pay out claims. At The Rasansky Law Firm, we have slip and fall lawyers who deal with insurance companies and will fight to maximize the value of your claim.

Your next step

It’s important for you as the injured party to take immediate action to ensure that you have the best chance at winning your case. First make sure you seek medical attention directly following your slip and fall accident. After that, the arduous process of filing your lawsuit and gathering evidence should begin.

All of these things are handled by your Dallas slip and fall attorney – and for no upfront costs! We only get paid if we win your case.

If you got hurt in a Dallas-area slip and fall accident, do not wait! In cases of premises liability, time is of the essence. The sooner you get your case started, the better your chances at a successful case.

Speak With a Dallas Slip and Fall Attorney For Free