Odessa Slip and Fall Lawyer

Slip and fall accidents can happen to anyone, anywhere, and at any time. Many times, they occur due to unsafe conditions on someone else’s property. These conditions range from wet or slippery floors to uneven surfaces and poor lighting.

No matter the reason, property owners are responsible for these spaces, making sure they are safe for everyone. And if there is a problem, they must warn visitors. If they fail to keep visitor safe, then they are responsible for any injuries and damages that occur on the property.

Legal remedies are available for you whether you have slipped at a grocery store or fallen in a parking lot. In most instances, you can file a lawsuit to recover damages from these responsible parties.

If you would like to learn more about these incidents, make sure to contact an Odessa slip and fall lawyer. At Barrera Law Group LLC, we have experience with these cases and make sure to protect your rights throughout the legal process. Reach out to us to find out how we can assist with your case.

What Is a Slip and Fall Accident?

Falls are not just small incidents. In 2021, more than 6.9 million people were treated for fall-related injuries. Even worse, 44,686 people have died as a result of these slips and falls. There are several ways that an accident can occur.

Rainwater, slips, or recently cleaned surfaces can all lead to slippery or wet floors. Even potholes, loose tiles, or cracks are tripping hazards. All these issues are factors in many slip and fall cases.

When you visit the grocery store, a restaurant, or another place of business, you never expect to be involved in an accident. However, when a property owner or management team is negligent, it often results in serious injuries, such as:

• Traumatic brain injuries (TBI)
• Spinal cord damage
• Fractures and dislocated joints
• Sprains and superficial cuts

However, wet floors and cracked tiles are not the only ways that someone can slip, trip, or fall. Even clutter in the walkway, poor lighting, and lack of warning signs all spell trouble for potential visitors to a property.

If any of these reasons caused you to slip and fall, you may be able to collect compensation from the responsible parties. Under the premise of liability principles, these owners must maintain their property and make it a safe space for all visitors. When they fail to do so, they could be held liable for injuries, damages, and other losses.

To learn more, contact an Odessa slip and fall lawyer to discover your legal options.

Determining Liability in Slip and Fall Cases

In slip and fall cases, liability is determined based on several factors. First, property owners have a legal duty to maintain a safe environment for visitors. This duty is extended to invitees, licensees, and, in some cases, even trespassers.

An invitee enters or remains on another person’s property by invitation. There are two types of invitees: business or public invitees. Business invitees enter the property for business-related activity, such as retail store customers or restaurant patrons.

On the other hand, public invitees, such as library or public park visitors, have a right to be on the property. These individuals are owed the highest level of care. Property owners must perform inspections and ensure there are no hazards on the premises.

A licensee is also invited onto the premises. However, these individuals are more social guests of the property owners, including friends and family members. While they have a duty of care, it is not as stringent as those for an invitee. For example, they don’t have to perform regular inspections before allowing someone to enter their property. But they must warn guests of any potentially hazardous conditions in the space.

A trespasser does not have a lawful right to be on the premises. However, property owners still owe them a duty of care, but it is not what you may expect. Under the law, property owners cannot intentionally set traps to harm trespassers. Additionally, if there’s an attractive nuisance, such as a swimming pool, the owner must take reasonable steps to protect trespassers from potential harm.

Where does negligence come into play in these cases? If the property owner failed in the duty of care with any of the above visitors, they could be liable for any injuries or damages.

To establish liability, the injured party must prove:

• That a hazardous condition existed, like a broken stair or a wet floor.
• The owner knew or should have known about it through a regular inspection or maintenance visit.
• The owner failed to address the danger or provide adequate warnings.
• The unsafe condition directly caused the fall and resulting injuries.

Who Can Be Sued in These Cases?

Once you have determined liability, you can proceed with a legal case against the accountable parties.

Some examples may include:

• Private property owners
• Businesses, stores, restaurants, and other commercial establishments
• Government entities that own public spaces, government buildings, and municipal properties

If these parties acted wrongly and negligence, they may need to compensate you for:

• Medical expenses
• Lost wages
• Out-of-pocket costs
• Personal property damage
• Pain and suffering
• Loss of enjoyment of life

If you would like to learn if these awards could apply to your case, contact an Odessa slip and fall lawyer at Barrera Law Group LLC.

What If I’m Partly Responsible for the Slip and Fall?

Texas follows a modified comparative fault rule for slip and fall cases. It can impact the compensation you receive. For example, if you were not paying attention or acted carelessly, your compensation may be reduced proportionally based on the level of fault.

If the injured person is found to be less than 50% at fault for the accident, they can still recover damages. However, if their fault is determined to be 51% or more, they are barred from receiving compensation.

Whether you believe you were responsible for the accident or not, contact an Odessa slip and fall lawyer today. They can help determine if you have a basis for a legal claim.

We Can Assist with Slip and Fall Cases in Odessa

If you have been injured in a slip and fall accident or any other premises liability case, contact Barrera Law Group LLC. We have an experienced Odessa slip and fall lawyer who can help you determine the liable parties and help you take the next steps with your case.

To schedule a free initial consultation, please contact our office today.