Recovery for injuries from dangerous conditions, slip and fall, animal bites, and negligent security.
Some may scoff at the risk of slipping, falling, and getting injured but it's the second leading cause of accidental death after car accidents! A staggering one million Americans suffer a slip and fall injury every single year and of that number, 20%-30% result in severe head injuries, bruises, or fractures.
Some of the most common fractures are of the hip, forearm, leg, ankle, spine, pelvis, upper arm, and hand. The most unfortunate and dangerous slip and fall accidents can occur at work and represent 20% of all job related injuries.
You shouldn’t have to worry about getting injured at work but it happens and you’ll need an experienced slip and fall lawyer to take your case on. One of the biggest issues with slip and fall accidents is proving who is liable. In fact, most lawyers in Dallas and Lake Charles pass up slip and fall incidents because it’s so hard to prove who was at fault.The Shamieh Law Firm is different in that they not only take these cases on but also fight aggressively to get you the compensation you deserve. Whether you’ve lost wages from missing work, or have been seriously injured, our team of slip and fall attorneys will fight for you every step of the way.
At Shamieh Law, we aren’t satisfied by going after low-hanging fruit. We care about public safety and helping victims get justice. Below you'll find information on several important factors that any personal injury attorney will take into consideration. It's important to remember that we offer a free no obligation consultation for all slip and fall accidents. If you've been injured, please give us a call right away to discuss your options.
Property Owners’ Role in Preventing Slip and Fall Accidents
A property owner or employer should ensure the safety of their customers and staff by constantly monitoring surfaces for spills, damage or potential hazards. When companies or individuals are careless and create dangerous conditions at their stores, the likelihood that someone can slip, trip, or fall increases drastically.
In fact, 65% of all slip and fall related injuries are from the same level. Additionally, the retail, services, and wholesale industries accounted for 60% of what we consider “same level falls.” This means that most incidents occur when walking on a level surface with no clear danger in site. The unexpected and sudden nature of a slip and fall accident is what makes it so dangerous as most people have no clear defense against it.
These incidents happen to people from all walks of life but have a much bigger impact on people over the age of 65 as 87% of all falls that occur in people over the age of 65 are the second leading cause of spinal cord and brain injury.
Depending on the venue, property owners have different responsibilities to their guests. If guests are entering a place of business, they are considered invitees and are owed the highest level of care. If guests are entering a private residence with the owner’s permission, such as for social reasons, they are considered licensees. Property owners typically don’t have any responsibilities to Invaders.
Regardless of the venue, the best defense against a slip and fall accident is preventive measures. That means you have a responsibility to ensure that there is nothing in anyones path that could cause a fall including keeping walkways dry and free from debris. If an area is wet, it's important to warn people or ensure that area is completely avoided. If you don't feel adequate measures were taken to prevent your slip and fall accident, give us a call right away!
What is an Unreasonably Dangerous Condition?
Dangerous conditions usually occur when employees are not trained properly or when property owners knowingly neglect an area that’s in disrepair. Property owners may also fail to place a sign warning customers of a hazardous area, such as a slippery floor that’s been recently mopped. Examples of dangerous conditions may include any of the following:
- Water, ice, food, or other items left on the floor
- Cords, cables, and wires
- Holes, uneven floors or curbs
- Missing or poorly maintained staircase hand rails
- Trip hazards like hidden wires or ropes
- Slippery sidewalks
- Inadequate lighting
- Unsecured rugs or carpet
- A spill in a grocery store aisle
- A rotting board in a deck, which leads to collapse and injury
- A malfunctioning elevator
- Poorly maintained or cracked falls, which cause a trip
- Poor lighting, which leads to stumbling
The danger of the conditions also depends on context. For example, an inch-wide crack in a paved parking lot might not be considered unreasonably dangerous, but the same crack could pose a serious hazard inside a poorly lit store.
The Dangers of Slipping and Falling
As mentioned above, slip and fall incidents are a lot more dangerous than most people care to believe. The statistics on slip and fall accidents are staggering and the older your get, the more serious and deadly it can be for the victim.
With each decade of life, slip and falls incidents go up and of all the deaths associated with falls, 60% involve people 75 years or older. An additional 60% of all nursing home residents will fall each year and every year 30% of people over the age of 65 will sustain a fall of which 10% will result in serious injury.
Slip and fall accidents also affect work in a big way as compensation and medical costs add up to $70 billion annually. In fact, 22% of slip and fall accidents resulted in more than 31 days away from work. Our slip and fall attorneys have handled hundreds of cases and understand what it takes to get you compensation for missed days at work and lost wages
Can Homeowners be Liable?
In Texas, state premises liability law says homeowners who have invited guests onto their property have a responsibility to keep their property reasonably safe and free from hazards.
Just like with a business, when there is a spill, the homeowner is responsible for cleaning it up in a reasonable amount of time or posting a warning for the potential hazard if it can’t be cleaned immediately. Not doing so may result in an accident and unfortunately, a lawsuit–even among friends.
What Should I Do if I Fall?
- First, seek medical attention. Even if you don’t feel like you’re seriously injured, get checked out. The medical records will be useful should you decide to pursue legal action.
- Don’t make any detailed statements about whose fault the injury is (e.g., don’t say, “Oh, I’m such a klutz”) and don’t make statements to insurance adjusters.
- Write down the names of property owners and managers and witnesses.
- Photograph the scene and your injuries.
- Keep your clothing and shoes.
- Call us, immediately for a free no obligation consultation
When to Sue Following a Slip and Fall
Accidents are a part of life. But there is a big difference between a freak accident and blatant negligence.
The majority of us are reasonable, responsible citizens who take all reasonable precautions to safeguard ourselves, our families and customers.
Unfortunately, some people just don’t care about the ramifications of their careless actions.
When someone is openly negligent, they make the world unsafe. Their irresponsibility can change your life forever.
The only way to get a company to change its careless ways is to affect their bottom line. That is done by taking the negligent company or property owner to court and seeking justice.
It’s not just an important way for you to secure damages for medical bills, lost wages and pain and suffering.
It’s also a way to ensure the safety of others. Even though good, honest people are sometimes reluctant to sue in cases like these, taking negligent property owners to court can be the best way to prevent these types of injuries from happening again and again.
If you fall due to another person’s negligence, contact the best Dallas and Lake Charles slip and fall attorney at Shamieh Law for a free evaluation of your accident.
How to Prove a Party is Responsible for a Slip and Fall
Three conditions must be satisfied to prove a party is responsible for a slip and fall accident
First, the attorney must prove that the property owner either knew or should have known about the unsafe condition.
Second, they must prove the owner neglected to repair the dangerous condition or notify guests.
Third and finally, the attorney must prove that your injury was directly caused by the dangerous condition.
Consult with a Slip and Fall Specialist
Business owners have a duty to regularly inspect their property for unreasonable risks such as slippery floors, dangerous materials, noxious fumes, and even criminals.
A business owner must then either respond to the risk or take adequate steps to warn guests (e.g. a sign) to prevent injuries from occurring.
Failing to notice the risk when an owner should have is not a defense to liability.
Thus, if you have been injured on a business owner’s property due to a risk that the owner either knew or should have known about, but failed to properly respond, you may be entitled to recovery in a premise liability claim.
Similarly, private homeowners, governmental organizations, and schools have the same duty to protect you from unreasonable risks.
It is vital to contact Shamieh Law as soon as the incident occurs to begin your path to recovery.
At Shamieh Law, we have the experience and financial resources to immediately begin a thorough investigation of your premise liability claim and negotiate or litigate a fair and just award for all your injuries.
Call 214-888-3333 now for your free consultation.