A slip and fall accident can cause very serious harm. Falling onto a hard surface can break bones, cause brain damage, and much more. There are also high financial and medical costs, lost time at work, and other serious ramifications.
A property owner could be the reason you were injured. Their careless or negligent actions may have precipitated the fall. For effective representation in your case, speak to a Brownsville slip and fall lawyer right away. A well-practiced attorney could provide a consultation to determine how to proceed in your particular case.
Determining Liability in Trip and Fall Lawsuits
Knowing whether a particular slip and fall incident is legally actionable is complicated without guidance from a Brownsville attorney. There are many aspects to consider to determine legal liability. When an accident occurs on another person’s property—especially that of a business—a civil claim may be appropriate.
The ultimate question hinges upon whether a business owner owed a duty of care to the injured party. An owner’s liability is typically determined by the injured person’s legal status when they were on the property.
An invitee is a person expressly or impliedly given permission to be on the property. This is usually for a business purpose that benefits the property owner, such as those visiting a store. A high duty of care is owed to invitees, including that hazards are corrected or provided a proper warning.
A licensee is a slightly less protected person. They are usually on the property for their own reasons, but still with permission. These are often social guests and are still supposed to receive proper warnings of hazards known to the property owner.
A trespasser is not allowed on the owner’s property and is typically not entitled to much protection. However, property owners are not permitted to purposely or wantonly injure a trespasser.
Knowing which type of protections apply to a person’s case should be handled by a competent attorney. These determinations matter and affect how a claim will be pursued.
Limitations on Liability
Special situations and types of property may be subject to different laws. In Texas Statutes § 75.002, owners of agricultural land are often held to a different standard than are other types of property owners. This typically refers to situations where a person is granted permission to the property for recreational purposes.
Compensation in Brownsville Slip and Fall Claims
Compensation in a trip and fall incident is based on the injuries caused and the liability of the particular property owner. An injured party may be entitled to monetary compensation such as:
- Pain and suffering damages
- Loss of consortium or support
- Wrongful death
- Medical costs
- Rehabilitation services
- Property damage
- Lost income or lost earning capacity
These types of compensation are meant to make a person whole again.
Proper evidence is required to prove a slip and fall claim to win an award of monetary compensation, so it is important to let a dedicated attorney in Brownsville help with this process.
Seek Help with Your Claim and Hire a Slip and Fall Attorney in Brownsville
Your unique claim deserves individual attention. Our attorneys are ready to analyze your case and help you understand your rights to a potential claim.
An experienced Brownsville slip and fall lawyer is here to help. Contact us today for a consultation.