Midland Slip and Fall Lawyer

Falls happen frequently, but they can be surprisingly dangerous. People who fall often sustain injuries that require medical treatment or force them to miss work or school. Sometimes falls cause severe, permanent injuries.

When a property owner’s negligence led to a fall that caused injuries, you can hold the owner liable in many cases. However, the law regarding property owner liability is complex, and it is important to work with a skilled personal injury attorney.

Contact a Midland slip and fall lawyer when you are hurt on someone else’s property. They can review the circumstances, explain your legal options, and offer advice about the best way to proceed.

When a Property Owner Could Be Liable for a Fall

The responsibility to compensate an injured person attaches when someone fails in a duty they have to the injured person. The extent of a property owner’s duty depends on the status of the injured person and why they entered the property. A Midland attorney will discuss the circumstances of an injured person’s fall to determine the extent of the duty the property owner owed them.

Owners and lessees of property open to the public have the most responsibility to keep their premises safe. They must regularly inspect for hazards, make prompt repairs, and warn of any danger that cannot be repaired immediately. When a customer or visitor can prove that the owner failed to repair or warn of a hazard, causing a fall that led to injuries, the owner could be liable.

There is less responsibility when someone enters premises for their own purposes. Owners and lessees must warn social guests, contractors, delivery people, and others about hazards that are not open and obvious that the owner knows about. The owner has no duty to inspect to find hidden hazards and no obligation to repair them. However, when someone falls due to a hidden hazard and can prove the owner knew about it but did not warn of it, the owner could be liable.

Common Causes of Trips, Slips, and Falls

Most slip and fall claims arise when someone falls in a public place. The injured person must demonstrate that the property owner knew or should have known of the hazard and failed in their duty to repair the hazard or warn the invitee of the danger. Falls often result from slips or trips. Some common conditions that lead to slip and fall accidents include:

• Wet or highly polished floors
• Uneven surfaces such as warped floorboards or broken tiles
• Poor lighting
• Unmarked or broken steps
• Loose or missing handrails
• Debris or obstructions in walkways
• Cords or cables in walkways

Depending on the surroundings, many other conditions could lead to a slip or trip and fall.

A Midland attorney must investigate the circumstances that caused the slip and fall accident. Medical records, photos of the accident scene, and witness statements can be critical evidence when pursuing a case. When there is proof the property owner or lessee failed in their duty to provide safe premises, an injured person could receive compensation for their medical expenses, lost wages, and pain and suffering damages.

An Injured Person’s Conduct Impacts Their Compensation

Property owners have a duty to keep their premises safe, but visitors also have a duty to use reasonable care. When someone’s carelessness or recklessness contributes to a fall, they may not be able to collect compensation for all their losses.

Texas Civil Practice and Remedies Code § 33.003 requires a judge or jury to allocate blame when someone sues for personal injuries. When the claimant is partially responsible for their accident, they may not collect the portion of their losses attributable to their own conduct. Someone who is 25 percent responsible for a fall may collect only 75 percent of their losses.

Insurance companies use this principle during pretrial negotiations to try to reduce the amount they must pay. A Midland attorney will push back against any attempt to shift an unfair portion of the responsibility onto the injured person.

Learn Your Legal Options After a Slip and Fall With a Midland Attorney

Slip and falls accidents are usually preventable. When a property owner fails to meet their duty to keep the premises reasonably safe, a Midland slip and fall lawyer could bring a claim for compensation.

Do not try to handle this claim alone. Insurance company representatives negotiate for a living, and they will not offer a fair settlement. You need a skilled attorney to get the money you deserve. Reach out today to get started.