Slip and Fall Claims: Common, But Rarely Simple or Straightforward

Updated on June 1, 2023

Slip and fall claims are a common type of personal injury lawsuit. In these cases, the plaintiff alleges that they were injured due to the negligence of the property owner. Negligence is defined as a failure to act with the care that a reasonable person would have exercised in the same situation.

In order to prove negligence, the plaintiff must show that the property owner had a duty to keep the property safe, that the property owner breached that duty, that the plaintiff’s injuries were caused by the breach of duty, and that the plaintiff suffered damages as a result of their injuries.

Myths About Slips, Trips, and Falls

There are many myths about slip and fall claims. Here are some of the most common:

• Myth #1: Slips and falls are minor.

Not true. Slips and falls can cause a wide range of injuries, including sprains, strains, cuts, bruises, broken bones, head injuries, and even death.

• Myth #2: Slips and falls are solely an age-related issue.

Not true. While falls are more common among older adults, people of all ages can be injured in a slip and fall accident.

• Myth #3: Slips and falls are “accidents.”

Not true. Slip and falls are often the result of negligence on the part of the property owner. For example, a property owner may be negligent if they fail to properly maintain their property, or if they create a dangerous condition on their property.

What to Do If You Are Injured in a Slip and Fall Accident

If you are injured in a slip and fall accident, there are a few things you should do:

1. Seek medical attention immediately. Even if your injuries seem minor, it is important to see a doctor right away. This will help to ensure that your injuries are properly diagnosed and treated.
2. Take photos of the accident scene. This will help to document the scene of the accident and the conditions that led to your injuries.
3. Get the contact information of any witnesses to the accident. This will help to corroborate your story and support your claim.
4. Report the accident to the property owner. This will give the property owner an opportunity to investigate the accident and take steps to prevent similar accidents from happening in the future.
5. Contact an attorney. An attorney can help you understand your legal rights and options, and can represent you in a lawsuit if necessary.

Comparative Negligence in Texas

In Texas, if you are injured in a slip and fall accident, you may be able to recover damages even if you were partially at fault for the accident. However, the amount of your damages will be reduced by your percentage of fault.

For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%. This means that if you are awarded $100,000 in damages, you will only receive $80,000.

Conclusion

Slip and fall accidents can cause a wide range of injuries, and they can be costly. If you have been injured in a slip and fall accident, it is important to seek medical attention, document the accident scene, and contact an attorney.