According to the National Safety Council, there were 32,000 deaths attributed to slip-and-fall accidents in 2014. This is in addition to thousands of accidents that resulted in serious injuries. If you have been injured after falling at the mall, the grocery store or at a friend’s house, you may be entitled to compensation. After seeking medical attention, it may be in your best interest to talk with Patrick Toscano, San Antonio Slip and Fall Lawyer.
Who Is At Fault for a Fall?
Determining fault in a slip-and-fall accident depends on a variety of factors unique to a given case. If you fell because of a wet floor at the grocery store, the store owner may not be liable if there was a wet floor sign. The owner of that store may also not be liable if he or she wasn’t aware of the dangerous condition present or was taking steps to remedy that problem. You would also have to show that you were on the premises legally and were not trespassing when the accident took place.
What Is the Duty of Care?
Under Texas law, the duty owed by a San Antonio property owner or the person who controls how the property is used depends on the type of visitor you are at the time of injury. For example, a grocery store owner owes an invitee a duty to exercise reasonable care to protect the invitee from those risks of which the owner is actually aware and from those risks of which the owner should be aware after reasonable inspection. The duty to a licensee is different. A property owner’s friends and family are generally treated as licensees.
A Property Owner Needs to Know About the Issue
It will be necessary for your San Antonio slip and fall attorney to show that the owner of a premises knew about or should have known about a dangerous condition, depending on the type of visitor you are. For instance, if a business owner was told by an employee about a dangerous condition, he or she now knows about it. If a snow storm is coming, the business owner should know that it could cause icy conditions outside or wet conditions as people walk inside with snow on their shoes. A San Antonio slip and fall lawyer will likely point to these facts when proving negligence in a premises liability case.
What Recourse Does San Antonio Fall Victims Have?
It may be possible to obtain compensation after slipping and falling. A San Antonio property owner may be liable for paying medical bills incurred either in the immediate aftermath of the fall or in the future. It may also be possible to be compensated for lost wages and future earnings if you are unable to work.
The family members of those who are killed in a fall may wish to file a wrongful death suit to collect compensation on behalf of the victim. Depending on the circumstances of the case, it may be possible to settle a case out of court in a matter of weeks. However, a personal injury case may take months or years to resolve in complicated cases.
You can slip and fall anywhere and at any time. In an instant, you could be injured to the point where you can’t work or enjoy time with your family. Fortunately, Patrick Toscano, our San Antonio slip and fall lawyer, can help you obtain compensation to make it easier to provide for yourself and your family going forward.