Slips and falls are a significant source of personal injuries in the Galveston area and everywhere else in the state. These incidents can result in not just severe physical injuries but also reductions in a person’s quality of life and ability to earn a living.
Property owners have an obligation under the law to protect invited guests from harm. However, defendants and their insurance companies may argue that the injured party contributed to the incident or that a hazard was open and obvious. This could result in difficulty obtaining the payments that you deserve. Contacting a Galveston slip and fall lawyer today allows them to take charge of your case and seek out compensation for your losses.
Slip and fall claims are an example of premises liability cases. This portion of the law outlines the obligations of landowners to keep guests safe from harm while they are on their property. The steps that a landowner must take depend on a visitor’s reasons for being on the land. If a person is on the land without the owner’s permission, they are a trespasser. This means that they can only collect compensation if the owner caused willful or wanton harm.
If a guest enters the owner’s land with permission for a social reason, the law says that the owner must warn the guest of all known hazards that may cause a fall. When the guest enters land for the owner’s benefit, the landowners must still warn the guest of known hazards but must also routinely inspect the land for potential hazards.
Landowners have a duty to protect invited guests on their property from foreseeable harm. This harm may include:
A Galveston slip and fall attorney could provide more information about this essential concept and obtain the evidence necessary to show that a landowner was negligent in allowing a fall to occur on their property. Given the proximity to water, slips can easily occur in and around Tiki Island, Jamaica Beach, and Galveston Island.
Slips and falls have a reputation as trivial events that have little impact on a person’s well-being. However, for many victims, this could not be further from the truth. A fall to the ground can inflict harsh physical injuries like separated joints, broken bones, and concussions. A person who endures these injuries can demand the payment of all past and future medical bills. Claims can also seek out compensation for a person’s other losses. These may involve pain, suffering, emotional traumas, lost quality of life, and lost wages.
When demanding payments, it is important to recognize Texas law concerning shared fault. After any accident, a defendant landowner is likely to argue that an injured person did not take appropriate steps to protect themselves from harm. According to Texas Civil Practice & Remedy Code § 33.003, a court must evaluate the actions of both victims and landowners to assign fault for an incident. If the court says that a victim was more than half to blame for the event, that victim cannot collect any compensation. A trip and fall lawyer must work to prove that a Galveston landowner’s negligence was the sole reason for a person’s fall and subsequent injuries.
State law is clear in placing an obligation on landowners to take reasonable precautions to prevent harm from affecting invited guests. As this applies to slips and falls, property owners should clear all temporary hazards and place warning signs near dangerous structural defects. Failures to adhere to this duty that result in harm may entitle you to compensation for your losses.
Speak with a Galveston slip and fall lawyer today to learn more. We are prepared to investigate the reason for a fall and place responsibility on an at-fault landowner. The team at Schechter Shaffer & Harris could also protect your rights during all talks with insurance companies and pursue your case for its full value. Reach out to us now to schedule a free consultation and explore your options.
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