Slip and Falls
Experienced Texas Slip and Fall Accident Lawyer
Virtually everyone has had some type of minor slip and fall accident during their lifetime. In most cases, we’re able to stand up, dust ourselves off, and move on down the road of life. Unfortunately, some people aren’t as lucky. It’s not uncommon for slip and fall accident victims to sustain life altering injuries. Mike Allbee is an experience slip and fall accident lawyer. With the help of the staff of Allbee Law Firm, Mike has been able to help multiple clients obtain six figure settlements for slip and fall cases.
Many people don’t show much sympathy for slip and fall accident victims. However, their tone and views change once they are personally involved a slip and fall accident or if they are able to witness, first hand, the harm that a slip and fall accident can cause to a loved one or friend.
Four Elements That Must be Proven to Win Your Case
There are four elements that every slip and fall accident lawyer must prove:
1. The defendant had knowledge of a dangerous condition.
The first element can be the hardest to prove, but it can be proven. The law in Texas specifies that the defendant must have had actual or constructive knowledge of a dangerous condition.
Actual knowledge is self explanatory. This is when the defendant knows that a dangerous condition exists. This can involve the defendant being told about a dangerous condition from a patron or the defendant personally becoming aware of the dangerous condition through sight, sound, smell, or one of the other senses.
The law will also hold defendants accountable for slip and fall injuries if we can prove that defendant had constructive knowledge of the dangerous condition. Constructive knowledge is when it is presumed to have knowledge regardless of whether they actually did. Texas slip and fall law allows this presumption to be made in situations where reasonable exercise of care would have allowed the defendant to have actual knowledge.
By now, you might be asking yourself, what does all this legalese about consecutive knowledge, presumptions, etc. actually mean? The easiest way to describe this is that the defendant would have known if they were doing their job. For example, if the defendant is a grocery store, they should realize that there is a pretty good chance that water will accumulate next to the store’s entrances on rainy days. On rainy days, the store and its employees would be expected to put out mats and keep an eye out to make sure that water isn’t accumulating. The store would not be able to excuse itself by saying “We didn’t know that there was water accumulating by our entrance. In fact, we didn’t have any employees near the front of the store for 10 hours prior to the person falling.” Periodically having employees walk through the store would provide the store with actual knowledge of the accumulating water, which can be a dangerous condition.
2. The Condition Posed an Unreasonable Risk of Harm
In slip and fall cases, a condition poses an unreasonable risk of harm if a reasonable person could foresee that a similar situation could occur. If we go back to the example of rain accumulating at a grocery store accident, we could ask “Would a typical, normal person be able to foresee that a person could walk in to a grocery store and slip and fall if they didn’t realize that water had accumulated near the store’s entrance?” The answer to that is very clear. It’s foreseeable that such a slip and fall accident could potentially cause a person to fall and injury their back, break a bone, hit their head on the ground, or sustain another injury.
3. The Defendant Did Not Exercise Reasonable Care to Warn or Remedy the Dangerous Condition
If you’ve walked into a store after a rain storm, you’ve probably noticed that the store employees have place out door mats that allow people to dry their shoes as they enter. In some situations, store employees will even place cones or other devices to warn people about the water that has accumulated.
It’s totally understandable that some customers will track in rain water. However, it’s not excusable to not attempt to fix the situation or warn customers about the water.
4. The Defendant’s Failure to Act Resulted in You Being Injured
With proper documentation, the final element can be easier to prove. If you’ve been injured in a slip and fall accident, doctors and other medical providers will conduct a medical examination. Their records will include a description of how you were injured, when you were injured, and the extent of your injuries. ders will be able to examine you and the document the injuries you sustained. Common sense will also
Five Steps That Can Make or Break Your Slip and Fall Accident Case
Like every other personal injury case, the success of your slip and fall accident case will be based on evidence. After a slip and fall accident, it’s crucial that you follow certain steps and completely avoid others. Here are a few things that you need to know.
1. Have Someone Take Pictures
Pictures really can be worth a thousand words. It’s difficult to remember exactly how the location of your fall looked after days, weeks, or months have passed. The good news is that taking pictures can completely remove that burden.
If you’ve been hurt in a slip and fall accident, do your best to get pictures while you’re still at the site. If your injuries prevent you from taking pictures, don’t be too embarrassed to ask someone else to take some pictures. Ask them to get pictures from multiple angles. Most smartphone cameras will be more than sufficient when it comes to documenting the scene of your slip and fall accident.
2. Get Contact Information from Witnesses
Most slip and fall accident victims won’t be the only person at the business. Independent witnesses can provide an amazing amount of credibility to your case. In most situations, employees will attempt to gather contact information from witnesses. It’s highly recommended that you also personally obtain contact information from witnesses. This will avoid the hassle of an incident report “accidentally” going missing after your slip and fall accident. Again, don’t be afraid to ask another patron or even an employee of the defendant to help you get the witness information.
3. Go to a Hospital or get Other Appropriate Medial Treatment
First and foremost, it’s crucial that you make a recovery from your injuries. Delaying medical treatment will only delay your recovery from your slip and fall accident. In fact, if you wait too long, an insurance adjuster or jury member will question whether you were actually injured from the slip and fall accident. Medical treatment also allows us to have medical bills and records that will be used to build your case. We can help you find medical providers who will treat you if you do not have health insurance or are unable to pay out of pocket for your medical treatment, so don’t let that be an excuse.
4. Don’t Talk to the Insurance Company
Insurance adjusters deal with slip and fall accident cases on a regular basis. They have been trained to use specific tactics that will minimize the amount that they will have to pay you for your slip and fall accident injuries. You need to keep in mind that insurance companies view you as a claim number and a business expense. Their goals is to get you to go away as cheap as possible. Unless you deal with slip and fall accident claims on a regular basis, we strongly recommend that you not have any conversations with an insurance adjuster about your slip and fall accident.
5. Call Allbee Law Firm
Once you have received your initial treatment, call Allbee Law Firm. We can help you find medical providers who can provide additional therapy. We are aware of many medical providers in the Dallas Fort Worth area who will wait for payment until you are able to pay them from your settlement or jury award.
Mike Allbee, or as many of his friends and clients call him, Big Mike, and the team at Allbee Law Firm will remove the burden of having to set up your claim and deal with insurance adjusters. By stepping in on your behalf, we will be able to prevent you from saying or doing things that would negatively impact your case.
Call (817) 244-6453 if you need a personal injury lawyer in Arlington, Dallas, or Fort Worth area. We give free consultations 24/7.