Slipping or tripping and falling on someone else’s property can quickly lead to a serious injury, as far too many Texans learn every single year. Even more unfortunate, though, is how difficult it can be after getting injured to hold a reckless or careless property owner liable for failing to maintain their land in safe condition. That is especially true if you try to pursue your claim without guidance from an experienced personal injury attorney.
Retaining a Pasadena slip and fall lawyer could make a huge difference in how much money you can recover for your specific accident and whether you can get any compensation at all. There are numerous legal and procedural roadblocks that can get in the way of fair financial recovery after an accidental fall in South Houston. Working closely with Schechter, Shaffer & Harris is the best way to navigate around these roadblocks.
Property owners in Texas do not owe the exact same “duty of care” to every person who steps onto their land. They are generally expected to exercise “reasonable care” in keeping their land free of unreasonably dangerous hazards. In the context of slip and fall lawsuits, “reasonable care” usually includes warning visitors about known hazards and either fixing or cordoning off those hazards soon after discovering them. It also means inspecting the property regularly so new hazards do not go undiscovered for too long.
A landowner who fails to meet this standard of “reasonable care” may be liable for a visitor’s trip and fall injury if that injury stemmed directly from a hazardous condition that landowner should have known about. However, landowners are often not liable for injuries sustained by trespassers, or for injuries caused by hazards considered to be “open and obvious” to a normal people.
Furthermore, as a qualified Pasadena attorney could explain, any slip and fall victim in Deer Park, or other nearby locality, who contributes to causing their own accident may be assigned a percentage of “comparative fault.” An example might include a person not watching where they are walking, or running on an icy sidewalk. Then, in accordance with Texas Civil Practice & Remedies Code §§ 33.001 through 33.017, a court could reduce the total value of that plaintiff’s final damage award in proportion to their share of total fault.
Another legal obstacle relevant to a slip and fall claim in Galena Park is the statute of limitations. Texas state law sets a time limit on how long someone injured by another person’s negligence can wait before taking legal action against that negligent person. This ensures a case does not hang over a prospective defendant’s head for too long.
Under TX Civ. Prac. & Rem. Code § 16.003, the filing period for most personal injury claims is two years long, beginning on the date the injury happened. A lawyer could build a strong civil claim within this deadline after a slip and fall in Pasadena.
Accidental falls can lead to broken bones, paralysis, or brain damage. When someone else’s lack of property maintenance led to a fall, you may be able to hold that landowner legally accountable for the harm you sustained through their misconduct.
A Pasadena slip and fall lawyer could discuss your rights and possible next steps during a private consultation. Call us today to schedule yours.
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