Slip and fall accidents are one of the most common ways people sustain injuries. They often only result in minor bumps and bruises and perhaps a little embarrassment. However, some slip and fall accidents cause serious injuries and long recovery periods during which you are unable to work.
If you were injured in a slip and fall accident on someone else’s property, you may be entitled to compensation. Slip and fall settlements are awarded in Katy based on the circumstances of an accident and the extent of the injuries sustained. Working with an experienced slip and fall lawyer can help you ensure you get a fair settlement following an incident.
Who is Entitled to Slip and Fall Settlements?
Not every person who suffers injuries from a fall is entitled to compensation. Someone who trips over an errant item on their own property or falls on someone else’s property because they were looking at their phone instead of their surroundings cannot charge someone else for their injuries. A valid slip and fall claim requires proof that an injury was sustained because of someone else’s negligent behavior. In a premises liability claim, negligence is usually related to a known hazard that the owner failed to repair or warn visitors about.
Depending on the circumstances of the accident, the following types of individuals may be entitled to a slip and fall settlement.
Invitees
Whether on public or private property, property owners have a duty of care to ensure the premises are safe for expected visitors. Invitees can include guests on private property, customers at a public property, or any individual using a public place as intended during business hours.
Licensees
A licensee is an individual who might be expected to come onto a property at any given time, but has not been explicitly invited. The most common example of a licensee is an individual entering public property to sell or deliver goods to the owner. The duty of care for a licensee is slightly different in that the owner is not expected to carry out an inspection of the property for dangerous conditions. They are, however, required to disclose information about known hazards.
Trespassers
Typically, the only duty of care owed to a trespasser is not causing intentional or willful harm. However, in some cases, children are exceptions to the trespasser rule. For example, if there is a swimming pool (often deemed an attractive nuisance) on the property, a child who is too young to understand trespassing might be tempted to enter. If reasonable attempts to restrict access to danger are not in place, the property owner may be found liable for injuries the child sustains.
The Factors Used to Determine a Settlement Amount
Settlements in slip and fall cases are awarded based on the circumstances of the accident and the severity of injuries sustained by the victim. The following factors may be used to determine a fair settlement amount.
- Medical expenses (current and ongoing)
- Lost wages (when a victim is unable to work during recovery)
- Long-term impact (when physical or psychological impacts of the accident affect the victim’s earning capacity)
- Pain and suffering (proven physical and emotional damages related to the accident)
- The victim’s partial fault (ex., texting while walking, wearing inappropriate footwear, or engaging in risky behavior)
An experienced attorney can help victims gather evidence to support a slip and fall claim and use the evidence to negotiate a fair settlement.
Contact an Experienced Katy Attorney for Help with Your Legal Settlement
If you were injured on someone else’s property due to an existing hazard, contacting an experienced personal injury attorney is in your best interest. The amount awarded in Katy slip and fall settlements depends on proving several factors about the accident and your injuries. The skilled legal team at Schechter Shaffer & Harris has ample experience handling premises liability cases. We can help you gather evidence and negotiate with insurance companies to ensure your settlement accurately reflects your losses. Contact our personal injury attorneys today to schedule a free consultation to discuss the details of your claim.
