In this blog we will explain how to file a claim for a fall in a commercial establishment because safety in public spaces should not be a luxury, but a right. Unfortunately, thousands of people suffer injuries every year from falls in commercial establishments.

According to the National Floor Safety Institute, falls are the leading cause of hospital emergency room visits (21.3%) in the United States. Slips and falls are the cause of more than one million visits.

The WHO notes that falls are the second leading cause of death from unintentional injuries worldwide, and recommends improving safety in environments, educating, training and establishing effective policies in all establishments.

If you have suffered a fall, this article from the team at Abogado Dang – Accident Lawyers provides you with a complete guide on how to file a claim for a fall in the establishment and helps you receive the compensation you deserve.

What is a premises slip and fall claim?

A fall claim is a type of legal claim filed when someone is injured due to the negligence of a business owner. This can include falls in stores, restaurants, or any other type of commercial establishment.

Negligence in slip and fall cases on premises refers to the failure of the premises owner or manager to take reasonable care or action to keep the premises safe. This can include failing to clean up spilled liquids, failing to repair damaged flooring, or failing to warn of temporary hazards, which puts customers and visitors at risk.

When these actions or lack thereof cause an accident, the establishment may be legally liable for the resulting injuries.

So, if you suffer an injury in a public place due to dangerous conditions, such as slippery floors, fallen objects, or lack of proper signage, you may be entitled to compensation.

Elements of negligence

To establish a claim for injuries following a fall in a store, you will need to prove the following elements:

1. Duty of care: The owner had a responsibility to maintain his premises in a safe condition.
2. Breach: The owner failed to fulfill this duty, allowing a dangerous condition to exist.
3. Cause: The dangerous condition was the direct cause of your injury.
4. Damage: You were injured and suffered damage as a result of the fall.

Common causes of falls in establishments

Falls in establishments can occur for a variety of reasons. Here are some of the most common causes:

1. Slippery floors: Water, oil or unmarked cleaning products can make the floor dangerous.
2. Obstacles in the path: Boxes, furniture or any object that is out of place can cause tripping.
3. Defective Staircases: Staircases with damaged handrails or uneven steps are a risk to customers.
4. Insufficient lighting: Poor lighting can impair visibility and increase the risk of falls.

Who is responsible for a fall in an establishment?

Determining who is responsible for a fall in a facility is very important in order to proceed with a fall in a facility claim.

Generally speaking, the owner, manager, or even the staff of the establishment can be held liable if they did not take the necessary measures to ensure the safety of the premises.

Liability in these cases is based on the legal principle of “negligence.” In Austin, premises liability law states that commercial property owners have a duty to maintain their property in a safe condition for customers, known as “invitees” under the law.

This includes the obligation to identify, repair or warn about hazards that could cause accidents, such as wet floors, uneven surfaces or poorly lit areas.

For a property owner to be considered negligent under Texas law, certain requirements must be met:

1. The owner or employee should have known about the hazard: The law requires that the owner or staff of the premises were aware of the hazardous condition. This may include cases where a hazardous substance was present for a reasonable period of time, but no action was taken to remedy it.
2. Failure to correct or warn of danger: If the owner or staff failed to make a reasonable effort to correct the danger or at least warn customers (for example, by posting “wet floor” signs), they may be found negligent.
3. Direct relationship between negligence and fall: To establish a premises fall claim, it must be shown that the property owner’s negligence was the direct cause of the fall and the resulting injuries.

Austin law places a heavy emphasis on the responsibility of property owners to keep their premises safe. If a breach of this duty results in an injury, the victim has the right to seek in-store fall compensation through a legal claim.

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How to file a lawsuit?

If you have decided that you want to file a premises slip and fall lawsuit, here are some steps you should take:

Seek medical attention

First and foremost, your health is important. If you suffer an injury, seek medical attention immediately. It is important for your recovery and also establishes a medical record of your injury, which is critical for any future claims.

Document the incident

Gather as much information as possible about the incident:

• Witnesses: Get the names and contact information of anyone who witnessed the fall.
• Photographs: Take photos of the location where the fall occurred and any dangerous conditions.
• Establishment Report: If the establishment has an accident book, be sure to report the incident and obtain a copy of the report.

Consult a lawyer

It is advisable to consult with a lawyer for fall lawsuits . An experienced attorney can help you understand your rights and the legal options available to you. Additionally, they will guide you through the process of gathering evidence and filing the lawsuit.

File the lawsuit

If you decide to move forward, your attorney will file the lawsuit in the appropriate court. This will include details about the incident, the injuries sustained, and the compensation you are seeking.

What kind of compensation can I get?

Compensation for a fall in a shop can include different types of compensation, depending on the severity of your injuries and the impact on your life. Some of the compensation you could claim include:

• Medical Expenses: All costs related to the treatment of your injuries.
• Lost Wages: If you are unable to work due to your injuries, you may be able to claim for lost wages.
• Pain and suffering: Compensation for the physical and emotional pain you have experienced due to the fall.
• Disability: If your injuries result in long-term disability, you may be able to claim additional compensation.

Why choose Attorney Dang – Personal Injury Lawyers?

Choosing the right attorney for a property fall lawsuit can make the difference between obtaining fair compensation or facing difficulties in claiming your rights.

The team at Attorney Dang – Accident Lawyers not only has in-depth knowledge of slip and fall cases, but we also understand the unique needs and challenges of the Latino community in Austin. Our team is distinguished by providing highly personalized service, with a focus on every detail that can strengthen your case.

Here we explain why we are your best option:

• Experience in cases of falls in establishments.
• Attention to every detail of evidence collection.
• Aggressive negotiation with insurers.
• Cultural and Spanish support.

In addition to being experts in commercial premises accident claims, we are committed to providing you with comprehensive support throughout the entire process. We understand how important it is for you to feel supported and confident that your case is in the hands of dedicated professionals.

Contact us today for a free consultation if you wish to file a property fall claim. We are here to defend your rights and help you obtain the compensation you deserve.

If you found this article interesting, you can also read:

• Austin Truck Accident Survivors Guide
• What is a casualty under Texas law?

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.