Fort Worth Slip And Fall Lawyer

Property owners have an obligation to ensure that their premises are safe for those allowed to enter the property. When the owner of an establishment fails to meet this duty then they may be liable for injuries which occur as a result. Simply being injured on another’s property, however, does not mean that they were negligent. An experienced attorney can assist you with determining whether or not you have a claim and with determining who the potential defendants are. Noteboom – The Law Firm has been assisting victims in our area since 1977. We practice exclusively in the area of personal injury law and we strive to provide the highest level of representation. Contact us online or by telephone to speak with our Fort Worth slip and fall lawyers.

Fort Worth injury lawyers handling slip and fall cases against businesses, landlords, and other entities

Property owners must take reasonable steps to prevent foreseeable harm to those who are welcome on their property. This duty can extend to store owners and operators, other businesses and office buildings, landlords and rental property owners, as well as others. Examples of common injuries can include slipping on a wet surface, falling due to a known hazardous condition, or being injured due to a lack of lighting. It may be possible for a victim to receive compensation for their lost earnings, their medical expenses, and for pain and suffering. In some cases, punitive damages may be appropriate.

The first step after one has fallen is to seek immediate medical care. Care should be sought even if the victim does not believe they are seriously injured. The next step should be to retain a personal injury attorney. Counsel will immediately inform the property owner of the incident and that you are represented by counsel. They will also demand that all security footage, or other evidence related to the matter, be preserved. Once the victim’s long-term prognosis becomes more clear then a settlement demand will be sent to the property owner’s insurance carrier. If a fair settlement offer is not made then it may be necessary to file a lawsuit. It may be necessary to retain an expert witness who will testify as to what is “common” in regards to maintaining a premises of a certain type. All issues will be decided by the jury after the presentation of evidence. Litigating a case of this type is highly complicated and it is important to have qualified counsel.

A key issue in any premises liability case is whether the victim is partially at fault for the accident. Under Texas’ comparative fault laws, a victim can still recover damages even if they are partially to blame for the incident. This is true as long as the jury does not find that the victim was more at fault than was the defendant. Any compensation awarded to the victim will be reduced in proportion to their share of liability. This means, as an example, that if the jury finds that a victim is twenty percent responsible for the incident then their compensation will be reduced by twenty percent. How any jury will rule on this issue will always depend on the individual jurors as well as the facts of the case.

Our Fort Worth injury lawyers assist those who have been harmed by a slip and fall. Once retained, we will immediately demand that all evidence of the incident be maintained and preserved. Our on-staff investigator will also visit the scene of the incident if possible. We will stay in contact with you while you are treating your injuries and will retain any necessary expert witnesses to establish liability. Once a demand letter is sent to the insurance adjuster then we will engage in back and forth negotiation. Our firm is prepared to file a lawsuit if a settlement is not reached. We understand that this is a serious time in your life. We are devoted to protecting those who have been injured by others and we will give your case the attention it needs and deserves. Contact us today for an initial appointment.

DFW premises liability attorneys with significant resources for litigation

It is not uncommon for a personal injury law firm to handle settlement negotiations with an insurance company but to then refer the matter out if litigation becomes necessary. Our attorneys see premises liability cases through from beginning to end. This means that you will not have to “switch attorneys” in between settlement negotiations and trial. Additionally, we have the financial resources necessary to litigate against insurance companies and large corporate defendants. Chuck Noteboom founded our firm on the belief that the rights of people should be prioritized over those of corporations. We follow this approach in every case we handle.

In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.

FAQ related to slip and fall injuries

When is a premises operator liable for injuries related to a fall?

The owner or operator of a premises must take reasonable steps to prevent foreseeable injuries. Whether the steps taken were “reasonable” will always depend on the overall context of the situation. Factors which will be considered include the nature of the building, the nature of the dangerous condition, the foreseeability of the situation, etc. Whether or not a building operator may be liable for a fall is an issue which should always be discussed with an attorney.

Why are expert witnesses sometimes necessary in premises liability cases?

As discussed above, whether or not the operator of a building is liable for a fall will depend on the specifics of the case. An expert may, therefore, be necessary to testify in regard to what is customary for a structure/business of a certain type.

Do Texas’ comparative fault laws apply to a slip and fall case?

They do. If the jury finds that the victim was no more than fifty percent responsible for the fall then recovery will still be possible. Any damages award will be reduced accordingly. So, for example, if a victim is found to be forty percent responsible for the incident then their damages will be offset by forty percent.

Are punitive damages possible in a slip and fall case?

Punitive damages are typically only available in matters which involve intentional conduct or reckless disregard for public safety. This means that awarding such damages would be rare. It should be noted, however, that punitive damages may be possible if the evidence shows that the property owner was well aware of a highly dangerous condition and intentionally did nothing to prevent it then such an award may be possible.