Although most people might not imagine that they would slip and fall while out in public, these accidents happen regularly. An awkward landing or an impact against an unforgiving surface could lead to soft tissue injuries, broken bones, or even life-altering injuries with permanent repercussions like spinal cord trauma or traumatic brain damage.
If you slipped or tripped and were hurt because a property owner did not fulfill their duty to maintain a reasonably safe space, getting in touch with a Lakeway slip and fall lawyer might be in your best interest. A knowledgeable personal injury attorney can discuss your legal options in detail during a confidential consultation, work diligently to build a strong case on your behalf, and fight for the compensation you deserve.
Most people base injury claims on the theory of negligence. This theory works differently for slip and fall claims. While proving that a defendant violated their duty of care and directly caused physical harm is still central to recovering compensation, the nature of a property owner’s obligation can vary substantially based on the circumstances surrounding a slipping or tripping accident.
Property owners do not owe the same duty to everyone who visits their space. First and foremost, they owe almost no duty to people trespassing without permission or legal authority. Beyond that, the degree to which a landowner bears liability for injuries caused by unexpected hazards depends on whether an injured person was visiting for their own benefit or the landowners benefit.
Making sense of how state law governs slip and fall claims and proactively pursuing compensation can be smoother with guidance from a seasoned attorney in Lakeway. In addition to economic losses like missed wages at work and medical expenses, practiced legal counsel can also help demand restitution for non-economic types of harm like physical pain, emotional suffering, and lost consortium.
Another legal rule that can prevent comprehensive recovery for tripping injuries is the modified comparative fault system that state courts follow. Under this system, a plaintiff found partially responsible for causing or worsening their losses may have their financial compensation reduced by their assigned percentage of total fault. Additionally, if they are found more than 50 percent responsible for causing themselves to slip and fall, they will likely not be able to collect any monetary damages.
Furthermore, Texas Civil Practice & Remedies Code §16.003 usually only allows a claimant to submit their case within two years of an accident. A skilled Lakeway lawyer’s support can be crucial to understanding and overcoming roadblocks like the statute of limitations and allegations of shared fault.
Slips, trips, and falls of all kinds cause thousands of injuries to Texas residents every year, many of which would never have happened if a property owner had acted more responsibly. If a property owner’s carelessness led to you getting hurt, working with a seasoned legal professional to pursue fair recovery can be essential to protecting your future and wellbeing.
A conversation with a Lakeway slip and fall lawyer can provide the clarity you need to enforce your rights. Call today to learn more about your options.