Tripping over a loose tile or slipping on a spill in a retail store may seem like just a clumsy mistake, but even small mishaps like these can have dire physical and financial consequences. More importantly, the fault in such a situation usually lies not with the person who got hurt, but with the property owner or manager who failed to keep their premises safe for legal visitors.
If you suffered injury from slipping, tripping, or falling on someone else’s property, talking to a Clear Lake City slip and fall lawyer may be in your best interests. If you and your personal injury attorney can prove liability in your case, you may be able to recover compensation for a variety of different damages and losses.
What Leads to a Valid Slip and Fall Case?
The basic legal premise that most personal injury cases are based on is negligence. A person or entity may be legally negligent if they owe a duty of reasonable care to another person, fail to uphold that duty, and allow that other person to come to physical harm through an accident their breach of duty directly caused.
With relatively few exceptions, the owners and operators of places like retail stores, apartment complexes, and other facilities open to the public owe a duty to maintain their property so that is it free of any hazards that could harm visitors. If a property owner’s failure to fix loose carpeting or clean up a spill causes someone to slip or trip and injure themselves, a Clear Lake City slip and fall attorney could work to hold this proprietor accountable.
Recovering Compensation in Clear Lake City
A negligent property owner may face legal action for both economic and non-economic damages suffered by a visitor or resident to whom they owed a duty of care. Depending on the circumstances, some of the damages an individual may be able to recover include:
- Lost wages
- Physical pain and suffering
- Medical expenses for treatment related to injuries suffered in the accident
- Loss of future earning capacity due to long-term injuries and/or disabilities
- Loss of consortium
- Loss of enjoyment of life
However, in some situations, a claimant may bear partial liability if a court finds that they also acted negligently in some way. If a plaintiff was running, not paying attention to their surroundings, or wearing inappropriate footwear, Texas Civil Practice and Remedies Code §§33.001 through 33.017 allow a court to assign that plaintiff a percentage of fault for their injuries and reduce their recoverable compensation accordingly. If this person is 51 percent or more at fault, the court may bar them from recovery entirely. A Clear Lake City lawyer could assess a slip and fall case and determine how much compensation they may be entitled to receive.
Learn More from a Clear Lake City Slip and Fall Attorney
The negligence of a property owner can be grounds for a civil lawsuit, but that does not mean recovering compensation through such a suit is easy. Defendants may fight hard to avoid financial responsibility for your injuries, and they may even accuse you of being the one responsible.
Fortunately, you have help available in the form of a dedicated Clear Lake City slip and fall lawyer. To schedule a consultation and get started on your claim, call today.