Slip and Fall Attorney Based in Dallas
Were You Seriously Injured on Someone Else’s Property?
If you or a loved one slipped and fell on someone else’s property and were badly injured as a result, you may be able to file a premises liability claim against the property owner to recover compensation.
In order to have a valid claim, it must be established that your injury was the result of a dangerous condition or negligent action on the property.
Proving liability isn’t always easy in slip and fall cases. Developing a winning case will require the knowledge and experience of a top-notch slip and fall lawyer with a proven track record of standing up to businesses, property owners and insurance companies.
Slip and fall attorney Gregory H. Bevel is uniquely suited to take on your case. He has devoted his career to fighting for the rights of personal injury victims in Dallas and throughout Texas.
Bevel has successfully gone head to head with major corporations such as Target, CVS, and Walmart and recovered substantial damages for his clients.
Call today to receive a Free consultation to discuss your case.
Attorney Bevel cares deeply about helping individuals and their families overcome the personal and financial hardships that result from a devastating injury caused by someone else.
Statute of Limitations for Filing a Claim
Under the Texas statute of limitations, you have two years from the date of your injury to file a premises liability claim. Despite having two years, it’s important to act now so we can collect and preserve evidence, interview witnesses while their memories are fresh and consult with medical experts to get an accurate assessment of what caused your injuries and what your long-term healthcare costs will be.
The sooner you call, the sooner we can begin building your claim.
Your Advocate In Receiving The Justice That You Deserve
- cost of past and future medical treatment
- wages lost because of missed work
- pain and suffering
- reduced earning capacity due to permanent disability
- wrongful death
Unreasonably Dangerous Situations That Cause Slip and Fall Accidents
We expect the places we visit — whether it be a commercial business or private residence — to be reasonably safe. While it’s true that some trip and falls are purely accidental and without blame, there are times when property owners and homeowners are liable for injuries sustained on their property.
According to the National Safety Council, slip and fall accidents lead to nearly 9 million emergency room visits every year and account for 15% of all accidental deaths in the U.S. — second only to motor vehicle accidents.
The following conditions may lead to a slip and fall injury:
- wet and uneven surfaces (account for 55%)
- loose floorboards
- defective sidewalks
- poorly constructed staircases
- torn carpeting
- faulty or missing stairs
- loose mats
- cluttered floors
- defective railings on balconies
- cracks or holes
- electrical cords
- safety code violations
- falling objects
- poor lighting
- negligent security
- toxic fumes or chemicals
Common Places Where Slip And Falls Occur
Slip & fall or trip and fall accidents can happen almost anywhere — in domestic, commercial, industrial and public places. Here are just a few examples:
- Shopping centers
- Grocery stores
- Public restrooms
- Swimming pools
- Construction sites
- Parking lots
- Parking garages
- Public restrooms
- Elevators & escalators
Slip, Trip And Fall Injuries
Slip and fall and trip and fall injuries range from mild scrapes and bruises to serious and catastrophic injuries. Even minor injuries can require painful and costly medical treatment and significant time off work to recover.
Common injuries seen in slip & fall accidents include:
- Broken bones
- Sprains and fractures
- Back injuries
- Neck injuries
- Spinal cord injuries
- Facial injuries
- Head injury
- Traumatic brain injury
- Cuts and lacerations
Common Liable Parties in Slip and Fall Cases
- Business owner
- Business Manager
- Property owners
- Employees of property owner
- Tenant leasing or sub-leasing property
- Contractor or subcontractor working on property
What To Do After A Slip And Fall Accident
- Seek prompt medical attention
- Obtain the names of the owner or manager of the property
- Obtain the names and contact info of witnesses
- Take pictures of the hazardous or dangerous condition that caused your injury
- Take pictures of your injuries
- Save your footwear and clothing
Premises Liability Law in Texas
Premises liability refers to the potential legal responsibility of a property owner for
injuries sustained on their property due to dangerous or negligent conditions.
A property owner owes each person who enters their premises a certain duty of care according to their legal status.
There are three status classifications in Texas:
The first step in determining whether you have a valid case is to identify what your legal status was when you were injured on the property.We must be able to prove that you had protected status on the owner’s property, and the owner owed you a duty but breached that duty resulting in your injuries.
Determining Your Legal Status And The Property Owner’s Duty of Care
Highest Level of Care Owed: Invitee
Invitee: You are considered an invitee if you entered the premises with the owner’s
knowledge and consent and for a reason or purpose that is mutually beneficial.
Situations when a visitor is considered an invitee: business customers, hotel guests, apartment tenants, postal worker, meter reader, cable repair man
Texas businesses that open their doors to the public owe the highest level of duty to keep their invitees reasonably safe. Texas law requires property owners to inspect their premises to ensure that no hazards or defects are present. If they have actual knowledge of a dangerous condition, it is their responsibility to warn invitees of the condition or to repair it.
Intermediate Level of Care Owed: Licensee
Licensee: You are considered a licensee if the owner granted you permission to be on the premises, but you were there for your own convenience, pleasure or benefit.
Situations when a visitor is considered a licensee: house guests, solicitors, loiterers, etc.
Property owners are required to ensure that the conditions on their premises are safe for licensees, but the level of care owed to licensees is lower than that owed to invitees. A property owner has a duty to warn of or eliminate a hazard, but only if the hazard is not obvious to the licensee.
Lowest Level of Duty Owed: Trespassers
Trespasser: You are considered a trespasser if you entered the property unlawfully and for your own benefit.
Generally, a property owner does not have to keep their property safe in the event that someone comes on their property without permission.
The only duty of care owed to a trespasser is refrain from doing harm by intentional or reckless conduct.
If you were injured in a store, you can expect the store’s insurance company or claims management company to do everything they can to minimize your injury and defeat your claim. An insurance company only looks out for their own best interests and that includes minimizing their payout to you in order to increase their bottom line.
An insurance adjuster is trained to ask questions which produce answers that will downplay the injury you suffered as well as downplay the liability of their policyholder.
Do not give a recorded statement to the insurance adjuster.
You have the right to respectfully decline giving a recorded statement. Don’t let the insurance company twist your words and use them against you later.
The best thing you can do is have Attorney Bevel represent you in these discussions. Bevel has extensive experience negotiating with insurance companies and will make sure you won’t be taken advantage of. He knows how to calculate the true value of a claim and won’t let you settle for anything less than you deserve.
Proving A Property Owner’s Liability
To recover under premises liability as an invitee, the following elements must be proven:
- A condition existed on the premises that posed an unreasonable risk of harm
- The property owner or business owner knew or should have known the condition of the premises posed an unreasonable risk of harm
- Property owner failed to exercise reasonable care by both failing to adequately warn of the condition and failing to make the condition reasonably safe
- The guest on the premises must have been injured
- The dangerous condition on the premises must have caused the injury
What If I’m Partially Responsible For My Accident?
As a guest on someone else’s property, you have a duty to act with caution and avoid any visible dangers that could potentially do you harm.
Texas adheres to the comparative fault system, meaning if you are partially responsible for your accident (you were texting on your phone and failed to pay attention to warning sign) your recovery will be reduced by your percentage of fault.
For example, if your damages totaled $10,000 and it was decided that you were 25% liable for the accident, your recovery would be $7,500.
Contact Us Today!
If you or a family member have been the victim of a slip & fall accident, you need to contact a qualified personal injury attorney as quickly as possible.
Gregory H. Bevel and Wesley Gould have substantial slip & fall injury litigation experience and will bring our prior experience and resources to the table in your case.
Texas Slip & Fall Lawyers:
We will fight for your right to receive any compensation available under the law so all of your medical costs are covered, as well as your pain and suffering.
Call today to set up an appointment to discuss your claim. (214) 580-2555.