Trip and Fall Attorney in Houston, Texas

Trip and fall accidents are common occurrences that can lead to serious injuries. They typically occur when an individual stumbles over an obstacle or loses their footing due to uneven flooring or poor lighting conditions. These accidents can happen anywhere, from public spaces like supermarkets and sidewalks, to private residences. Despite their common occurrence, the repercussions can be severe, including broken bones, head injuries, or even permanent disability. It is therefore crucial to understand these accidents, their common causes, and preventive measures to mitigate risks. 

As a personal injury attorney at The Fostel Law Firm in Houston, Texas, I've seen firsthand the immense impact that trip and fall accidents can have on a person's life. These accidents can lead to serious health problems and change the course of one's life in an instant. Contact me as soon as you can following your trip and fall accident. My firm proudly serves clients across Houston, Texas, and the Southeast New Mexico area. 

Trip and Fall vs. Slip and Fall

While you've likely heard about slip and fall accidents, trip and fall accidents are just as common and can result in equally serious injuries. The main difference between the two lies in the cause of the accident. A slip and fall accident happens when someone loses their footing on a slippery surface, while a trip and fall accident occurs when someone's foot strikes an object or an uneven surface, causing them to lose balance and fall. 

Common causes of trip and fall accidents include obstacles in walkways, uneven flooring, loose carpeting, and poorly maintained sidewalks. In both types of accidents, the property owner or occupier may be held responsible if they failed to maintain a safe environment or didn't properly warn visitors about potential hazards. Gathering evidence and establishing negligence are vital steps in pursuing a successful claim. 

Who Can Be Held Liable?

In trip and fall accidents, several parties could potentially be held liable, depending on the circumstances. Homeowners or property owners are often responsible for maintaining the safety of their property. If the accident happens on a business premises, the business owner might be held liable for any dangerous conditions that contributed to the accident.

Government entities and municipal agencies may also be held accountable if the accident occurs on property they own or manage. Other potentially responsible parties could include construction companies, property management companies, businesses that lease locations, and service providers who are responsible for repair, maintenance, and cleaning. Determining who's liable can be complex and often requires a thorough investigation and the knowledge of a personal injury attorney. 

Proving Fault

To successfully pursue a claim after a trip and fall accident, several factors need to be proven. First, it must be established that the defendant had a duty of care towards the plaintiff. Next, there must be evidence of a breach of that duty, such as failing to maintain a safe environment. It must then be demonstrated that this breach of duty directly led to the plaintiff's injuries. Lastly, the plaintiff must provide evidence of actual harm, like bodily injuries or damages resulting from the accident.

Proving fault in these cases can be complicated as it involves gathering evidence like photographs, witness statements, and expert opinions. As an experienced personal injury attorney, I can guide plaintiffs through this process and help build a strong case. 

Comparative Negligence in Texas

Texas follows the principle of "modified comparative negligence" when determining damages in personal injury cases, including trip and fall accidents. Under this rule, you may only recover damages if your level of negligence is less than the other party involved. If you're found partially at fault, the awarded damages will be reduced by your percentage of fault. 

For instance, if you're found to be 20 percent at fault for not paying attention while walking, and the total awarded damages are $100,000, you'll receive 80 percent of the settlement, or $80,000. Understanding the implications of comparative negligence is crucial when pursuing a trip and fall accident claim in Texas. 

Get the Support You Deserve

Having legal counsel from an experienced personal injury attorney is essential when dealing with trip and fall accidents. A skilled attorney can protect your rights, review the details of your case, conduct a thorough investigation, establish fault and liability, file necessary paperwork, and negotiate with insurance companies on your behalf. Having legal representation can significantly increase your chances of receiving fair compensation that can cover medical expenses, lost wages, and additional damages.