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San Antonio Slip and Fall Lawyer

Slipping and falling is often seen as no big deal. However, there are many times when such an accident results in additional medical bills, time off work, and, for some, serious injuries. If you slip and fall, are you responsible for your own medical expenses and time off work? Should you get an attorney to help you? How long do you have to file a slip & fall claim? There are many questions that often affect slip and fall victims. At The Aguirre Law Firm, PLLC, we’re here to help. If you were involved in a slip and fall, schedule your free case review with a San Antonio injury lawyer now. You may have valuable legal rights, including the right to compensation. Call us today at (210) 538-6477.

San Antonio Slip and Fall Resources & FAQs

How Can a San Antonio Slip and Fall Lawyer Help?

Slips and falls can cause serious injuries that require your full attention. At the same time, Texas’ statute of limitations begins immediately after the accident, limiting the amount of time you have to file a personal injury lawsuit against the party or parties responsible for your injuries. The legal team at The Aguirre Law Firm, PLLC can handle the legal aspects of your claim while you focus on your recovery.

We begin by explaining your legal rights and options during a free, no-obligation case review. If you decide to move forward with your personal injury case, we can investigate the circumstances, interview witnesses, review evidence, and gather information to identify who is responsible for your injuries. We can also file insurance claims on your behalf to seek compensation for your medical bills, lost wages, and other losses.

It’s not uncommon for property owners and insurance companies to try to blame personal injury victims for accidents. We can protect you from these tactics, which are designed to protect their profitability and minimize liability. We can handle all communications with insurance companies so you don’t say anything that could harm your case. We also negotiate for maximum compensation for your claim.

Because our personal injury law firm works on a contingency fee, you don’t have to worry about being able to afford legal services. We collect our legal fees after we secure compensation for you.

Where Do Slip and Fall Accidents Occur?

Slip and fall accidents can occur in various locations, including on private, commercial, or public property. Common locations for slips and falls include:

  • Grocery stores
  • Retail outlets
  • Box stores
  • Government buildings
  • Public parks
  • Schools
  • Medical offices
  • Workplaces
  • Businesses
  • Parking lots
  • Apartment complexes
  • Hotels

Wherever your accident occurred, an experienced San Antonio slip and fall lawyer can help fight for the compensation you deserve.

Common Causes of Slip and Falls in San Antonio

Although there are several common causes of slip and fall accidents in San Antonio, it’s crucial to understand that there are several required steps for victims to successfully complete in order to prove their claim. So, it’s vital that victims get a case evaluation as soon as possible. This will help the victim determine if they have a viable claim. The Aguirre Law Firm, PLLC provides free case reviews for slip and fall accident victims. Our lawyers have over 20 years of experience, and we’re here to help.

Common causes of slip and fall accidents in San Antonio and the surrounding areas include:

  • Wet floors
  • Floors that are slippery because of oil or grease
  • Floors with trash or other types of debris on them create a slipping or tripping hazard
  • Newly mopped floors
  • Newly waxed floors
  • Floors with spills on them
  • Floors under or near a leaking pipe
  • Buildup of snow or ice on sidewalks, stairs, and entrances
  • No warning signs to forewarn others about the slip-and-fall hazard
  • Staircases that aren’t maintained or kept clean
  • Insufficient lighting
  • Employers providing their employees with insufficient shoes for the conditions

Remember that proving liability is essential if you need to be awarded financial compensation for your injuries. Schedule your free consultation with The Aguirre Law Firm, PLLC to discuss the facts surrounding your potential San Antonio slip & fall accident case.

Serious Injuries Caused by Slip and Fall Accidents

A slip and fall accident can lead to serious injuries. Some include:

Keep in mind that the injury suffered doesn’t have to be severe in order for you to recover financial compensation if a third party was at fault. Less serious, yet still painful, injuries are also entitled to maximum compensation. This may include:

  • Sprains
  • Strains
  • Mild concussion
  • Bruises
  • Joint dislocation

Who Is Responsible For a San Antonio Slip and Fall Accident?

These accidents are generally covered by the premises liability laws of Texas. The backbone of the Texas law states that property owners hold the responsibility of ensuring that their property is reasonably safe. It doesn’t have to be perfect. It must be a reasonable attempt.

For example, a gallon of milk was dropped in the dairy aisle of the grocery store. While it was wiped up, the floor was still wet and slick. The store has a duty of care owed to both employees and shoppers to make sure the area is reasonably safe or that the hazard is known. One way they may do this is by placing wet floor signs and maybe cordoning off the area.

When a property owner (or the person in charge of ensuring the issue is taken care of in a reasonable manner) fails to keep their property reasonably safe from hazards that may result in a slip and fall, the accident victim has the legal right to file a premises liability claim.

However, proving a slip-and-fall case isn’t always easy. This is why you need to work with an experienced accident attorney in San Antonio.

What Financial Compensation Can I Recover in a Slip and Fall Claim?

Personal injury cases, including those involving slips, trips, falls, and premises liability claims, are focused on making a victim whole again after an accident. Courts can award personal injury victims for the following types of economic and non-economic damages:

  • Medical bills you incurred due to the accident
  • Ongoing medical expenses, including rehabilitation and therapy
  • Future medical expenses
  • Lost wages if you can’t work while you’re recovering
  • Pain and suffering
  • Lost enjoyment of life
  • Permanent impairments and disabilities

Our experienced San Antonio slip and fall lawyers will work closely with you to determine the short- and long-term impact of your injuries and fight to recover fair compensation on your behalf.

How to Prove Negligence in a Slip and Fall Claim

Most slip and fall claims are based on the legal theory of negligence, which requires showing the following four legal elements:

  • The property owner owed you a duty of care.
  • The property owner breached the duty of care.
  • The breach caused your injuries.
  • You suffered damages.

Here is a closer look at these legal elements and the type of evidence you may be able to use to prove them:

Duty of Care

The first legal element you must establish is that the property owner owed you a duty of care. All property owners are required to maintain their properties to avoid foreseeable injuries to visitors. However, the property owner’s legal duties and responsibilities are based on the visitor’s legal status on the property at the time of the accident, as follows:

  • Invitees – An invitee is someone who is on property at the landowner’s express or implied permission and entered the property as a member of the public for a purpose for which the premises exists or for a purpose connected with the owner’s business for the owner’s and visitor’s mutual economic benefit.
  • Licensees – A licensee is on the premises with the property owner’s permission but for their own purpose, not for a business or contract relationship.
  • Trespassers – A trespasser is someone who does not have express or implied permission to be on the property and no lawful right or authority to enter or stay on the property.

Because invitees are there for the property owner’s economic benefit, property owners owe invitees the highest duty of care. Property owners have a duty to protect invitees from dangerous conditions that arise due to their control over the property. Property owners must exercise ordinary care to protect invitees from dangers they knew about or should have known about by correcting hazards or warning them about them.

In contrast, property owners have a duty to warn licensees about hazards on the property they actually know about and not to injure them through willful, wanton, or grossly negligent conduct.

Because trespassers are not lawfully on the property, property owners do not owe a duty to inspect, warn, or make the property safe. They are only liable if the property owner intentionally or willfully injured them.

Breach of Duty

A breach of duty occurs when the property owner failed to meet the conditions required of them by law. You must be able to show what the dangerous condition is that injured you, that the property owner knew about it or should have known about, that the property owner could have repaired the unsafe condition, and the cost to remedy the situation was reasonable.

Causation

The most difficult element to prove in a slip and fall claim is causation, which requires you to show the direct link between the dangerous condition and your injuries. Proving this element may require various forms of evidence, such as:

  • A personal narrative about how the slip and fall happened
  • Incident reports from the business or property where the accident occurred
  • Statements from witnesses, employees, or others about what they observed
  • Personnel and inspection records from the business
  • Photos you took at the time of the accident, such as a lack of warning signs, the dangerous condition that injured you, and your injuries
  • Medical records that connect the slip and fall and your injuries
  • Physical evidence, such as the clothes and shoes you were wearing at the time of the accident
  • Admissions of fault from the property owner
  • Video footage from surveillance cameras

An experienced attorney knows how to identify, preserve, and gather valuable evidence to help substantiate personal injury claims.

Damages

For the final element of a negligence claim, you must prove that the slip and fall negatively affected you. You can present evidence such as:

  • Medical bills
  • Paystubs
  • Receipts for property damaged in the fall
  • Letters from employers regarding your lost wages
  • Evaluations by economic experts regarding the long-term losses in your earning potential
  • Pain journal diary entries

What Should You Do If You Slip and Fall?

If you’re involved in a slip and fall, there are some steps you can take to protect yourself and your potential legal claim.

  1. Before you move, make sure that you don’t feel any significant pain in your neck or back. If you do, don’t move. You do not need to risk making a serious injury worse. Ask someone to call 911 so that you can get immediate medical attention.
  2. Make sure that you call the police to file a report. A property owner or manager will state that they did nothing wrong. They may even refuse to complete an accident report. So, having the police come out and take a report could be key.
  3. If you can, take photos of the area and your injuries. You should also talk with witnesses to get their names and contact information.
  4. Schedule a free consultation with The Aguirre Law Firm, PLLC. After you’ve gotten the medical care you need, regardless of how severe you think your injury may or may not be, call The Aguirre Law Firm, PLLC to schedule your case review. Insurance companies will try to speak with you individually, but legal representation is more important here.

Contact a San Antonio Slip and Fall Attorney For a Free Consultation Today

If you’re injured in a slip and fall, you need an experienced slip and fall attorney on your side. The Aguirre Law Firm, PLLC, has over 20 years of experience. The initial consultation is free. Schedule now.

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