Can You Sue Someone for Falling on Their Property?

Can You Sue Someone for Falling on Their Property?

The injuries you sustain could go far beyond a skinned knee to include broken bones, significant blood loss or a concussion. The medical bills for tests and treatment could be extensive. And, to make matters worse, you could miss an extended amount of time from work.

If you find yourself or a loved one in such a situation, you may be wondering if you can sue to recover costs. A bad fall may be just bad luck, but it may also be someone else’s responsibility, in which case, you can sue. The key is knowing the difference.

What is a “Slip and Fall?”

In simple terms, a “slip and fall” occurs when you trip, slip or fall on someone else’s property and sustain an injury. These cases generally fall under the category of “premises liability” claims and, for the property owner to be held responsible, there must be at least one dangerous condition present that directly caused the fall. Indoor dangerous conditions may include wet or uneven flooring, torn carpeting, narrow or broken stairs, poor lighting, or the presence of hazards such as unsecured cables and cords.

Dangerous outdoor conditions are similar with regards to lighting at night and broken stairs or walkways, but can also include weather-related hazards. These hazards more often occur in climates where snow and ice can cause very slippery conditions, however, rain may also create problems.

In order to have a compensable case, you must have sustained injuries and suffered financial losses that could be remedied by the courts, including lost wages, medical bills, and temporary or permanent disability accommodations.

Proving Fault

Determining who is legally responsible for your injuries is not an easy task. Each case is unique and hinges on whether the property owner took reasonable care to prevent a slip and fall, or whether you were in some way careless and caused the accident. As discussed above, you must prove that your injuries were caused by the presence of a “dangerous condition.” What is more, the property owner must have been aware of it and failed to act in a timely and appropriate manner to fix the problem.

In addition, the property owner must have been reasonably able to anticipate that the dangerous condition could cause an injury, however, at the same time, it must be a hazard that you could not have reasonably anticipated. We have the responsibility to be aware of our surroundings and avoid obvious dangers, but many are hidden and difficult to avoid if you are unfamiliar with the environment.

Comparative Negligence

In the state of Texas, one of the defenses a property owner can mount in a slip and fall case is that you are, in some way, partially responsible for the accident. If they can prove this in court, it could significantly impact your case and the amount you are awarded, if you are awarded anything at all. Your lawyer will ask questions to help determine whether you need to be concerned. Some examples of shared fault include:

  • You can be proven, through video for example, to have been distracted to what the property owner will argue was an obvious danger. Perhaps you were texting while walking or were walking backwards while talking to a couple of friends.
  • You ventured, perhaps without permission, into an area of the property where visitors were not allowed. It is important to always watch out for signage and not let your curiosity get the better of you.
  • You did not take care to avoid a hazard that was blocked off with caution tape or signs. In other words, the dangerous condition should have been obvious.

Even if you are embarrassed about your role in your injuries, it is important to be honest. Being able to weigh all the facts of the case will help your lawyer come up with the best possible plan of action.

Statute of Limitations

If you or a loved one is injured in a slip and fall accident, it is important to seek legal advice promptly. Texas has a statute of limitations of two years for personal injury in premises liability cases, which means that starting on the date the accident occurred, you have two years to file a case, after which point you will be unable to do so. It may feel overwhelming to consider contacting a lawyer while you are in the middle of a painful recovery, however, it is important to keep that time clock in mind when balancing your need to recuperate and your need to take legal action.

Seek Legal Advice

When you are ready to consider your legal options, contact us for a free consultation. Our team of trusted attorneys at GreeningLaw P.C. will bring their expertise and compassion to the table to work for you. We appreciate that you may need help before you have the money for it, which is why we work strictly on a contingency basis. We do not receive payment unless you are awarded funds. We are here for you. “We fight the legal battle, so you have time for healing and renewal.”

Brain Injury Awareness Month

March is Brain Injury Awareness Month

According to the Center for Disease Control (CDC), “An estimated 1.7 million people sustain a TBI annually” with injuries ranging from moderate to life altering.

The following is an overview of how a TBI can change your life, how these accidents and incidents may occur, their symptoms, and how a professional personal injury lawyer can help those injured in accidents receive fair and adequate compensation.

Accident Types

  • Motorcycle accidents
  • Commercial truck accidents
  • Car accidents
  • Slip and Falls
  • Sports injuries
  • Birth injuries
  • Medical malpractice injuries

Most are aware, even those who are not avid sports fans, of the problem with concussions and the billion-dollar class-action lawsuit brought by the National Football League (NFL) Players’ Association and others against the NFL. Very few injuries or lawsuits are this involved; however, it is important to establish proper liability.

TBIs become more problematic when the responsibility for the expense of aftercare cannot clearly be determined. This is particularly true when there is a disability or paralysis. Should the NFL be held liable for a lifetime of concussions that quite likely started as early as the football player’s eighth or ninth year? This could be difficult to determine. 

Although most medical experts do not advocate an end to sports, as it is very beneficial in building the confidence of young players and providing a physical regimen to preclude obesity, when someone is injured or sustains a TBI, after treatment is started, the incident must be investigated to place the liability for the injury where it truly lies to ensure the best care possible or establish a shared responsibility if one exists, such as when the injury was due to a combination of faulty equipment and human error.

Once again, what appears to be a mild brain injury or concussion can be just as serious as an obvious severe head injury, although the symptoms may be less clear. A key indicator might be the location and the extent of the injury. A brain injury will not automatically develop into an impairment or an injury in need of long-term care or even disability. However, a proper diagnosis coupled with a treatment plan is necessary to minimize and control the damage and ensure stability and a period of recovery regardless of the source of the injury.

Brain Injury Symptoms

The symptoms associated with brain injuries depend on the force of the blow to the head and the area of the brain that was injured. The most common symptoms associated with these types of head injuries are:

  • Headaches
  • Shortened attention span
  • Memory loss
  • Trouble expressing feelings and thoughts
  • Difficulty understanding others

The effect or extent of a brain injury must be determined by neurological specialists through a thorough exam, utilizing computed tomography (CT) scans and magnetic resonance imaging (MRI) as soon as possible after the incident or accident. A victim of potential brain injury should be stabilized immediately to prevent further injury by determining if sufficient blood flow sustains the necessary oxygen to the brain.

What Can a Lawyer Do for Accident Victims?

If you or a loved one has been injured due to the negligence of another and sustained a serious TBI, speak with a personal injury attorney for advice. Some things a personal injury lawyer can help you do to obtain compensation for your injuries include:

  • Hiring accident investigators
  • Deposition of witnesses
  • Speaking with medical experts about your prognosis and medical treatment plan
  • Negotiating a settlement with the at-fault party’s insurance company
  • Filing a claim for compensation in court, when negotiations fail to reach an agreement for fair and adequate compensation
  • Represent you at trial, if necessary

A lawyer can also help you develop a Life Care Plan to help you plan for future healthcare expenses. This document will normally be necessary to justify a compensation award. By obtaining a compensation award settlement, you can have the financial resources in place to care for your family as you move forward in your recovery and life or care for a family member who has a traumatic brain injury. 

Contact Robert Greening, a personal injury lawyer, to learn what options you have available under the law that may allow you to obtain a settlement for a brain injury due to the negligence of another. While obtaining a monetary settlement cannot replace all that you have lost, it can help you or a loved one obtain the resources to lead a full life.

How to Get Professional Legal Assistance

Robert Greening of GreeningLaw, P.C. is a professional law firm that assists victims of TBIs in receiving the compensation they need to survive. Many victims of TBI are paralyzed or have had their lives cut short due to wrongful death. Those who survive this trauma will likely need some form of care for the rest of their lives.

We assist our clients using a contingency basis because we understand it is difficult for the victim or the victim’s family to bear the expense of expert witnesses, court fees, medical records processing, and the other necessary expenses required to ensure a proper conclusion. GreeningLaw, P.C. will not accept payment unless they receive compensation for you. If we do not recover, you do not pay.

Call (972) 934-8900 to set up a consultation with GreeningLaw, P.C., the personal injury attorneys you can count on to represent you every step of the way. At your free consultation, we will discuss every aspect of your claim, in plain English, we will agree on everything beforehand so there are no surprise fees or out of pocket expenses for you. At GreeningLaw, we fight the legal battle, so you have time for healing and renewal.

3 Things to Do If Injured in a Psychiatric Hospital

3 Things to Do If Injured in a Psychiatric Hospital

When a loved one is injured or dies in a psychiatric hospital, the conclusion drawn by the family is to blame the staff or owner. Although that is a natural assumption, it is not always the case. However, the ultimate responsibility for your loved one’s safety rests with the hospital. There are circumstances of shared responsibility, particularly when there are faulty medical devices, equipment, or pharmaceuticals. Still, when otherwise healthy patients are injured or die in care, it is frequently due to negligence.

#1 Documentation

You can begin to assist with the documentation process for your personal injury attorney by writing down or journalizing the details and circumstances of the event as soon as possible after notification. This type of chronicling of events should ONLY be done AFTER consultation with a lawyer.    

#2 Witnesses

Make no mistake, GreeningLaw will conduct a thorough investigation into the events of the injury or death of your loved one. You can assist in the investigation by noting any conversation overheard or discussions you recall that may help pinpoint the actually cause.

Oftentimes the blame can only be assigned after getting statements from witnesses. The persons actually to blame for the injuries could be from the staff, another patient, or self-inflicted, the only way to find out as many details as possible is to speak with the people present at the time of the incident.  

The psychiatric hospital like any other health care facility has a responsibility known as “Duty of Care” to its residents. That means the hospital is responsible for ensuring that its patients are not molested, neglected, or abused by other patients, contractors, or the staff of the hospital. The psychiatric hospital is responsible for making sure nurses, technicians, and staff are fully trained in every aspect of their responsibilities. Furthermore, the hospital is responsible for ensuring they hire enough personnel to safeguard and care for the residents so that no neglect of its residents occurs. Therefore, even in the case of self-inflicted injury or death, rape or abuse by other patients, staff, or vendors, the hospital bears the majority of blame through their duty of care responsibilities.

#3 Hire an Attorney

Often, patients in a psychiatric hospital are neglected, overmedicated, or not believed when they threaten self-harm. It is the responsibility of the care-givers to ensure they are protected from harm. Although others may share the blame for injury or wrongful death, the hospital owes the duty of care responsibility.

GreeningLaw, PC represents the victims of personal injury and wrongful death on a contingency basis. What that means to you is that you need no money upfront and we will never ask you to bear the expense or fees associated with your claim. We pay the expenses and take our fee from the compensation awarded. Simply stated, if you do not receive compensation, you will not have to pay. Bringing a personal injury suit due to the injury or death of a loved one is stressful enough without the added stress of financial concerns.

Call, (972) 934-8900 Robert Greening, personal injury attorney today, for a free consultation with no obligation pertaining to your loved one’s injuries or send us an email

We fight the legal battle, so you have time for healing and renewal.