Although common, slips and fall incidents rarely lead to severe injuries. However, when these accidents occur on public or private property due to a landowner’s negligence, you might sustain severe losses. In these cases, you can seek compensation for your medical care expenses and lost income from missing work.
When you suffer injuries because of a hazardous property condition, a skilled injury attorney could help you file a civil claim for damages. Schedule a consultation with a McAllen slip and fall lawyer to learn more.
The Most Common Slip and Fall Injuries
Slip and fall accidents can cause a wide range of injuries, from mild to severe. Common injuries associated with these incidents include:
- Broken and fractured bones, including hips
- Spinal cord injuries
- Shoulder, elbow, and wrist injuries
- Neck injuries, including whiplash
- Cuts and lacerations
- Knee and ankle injuries
A hardworking lawyer in McAllen could help document an injured person’s damages and demand the appropriate compensation on their behalf.
The Type of Visitor in Slip and Fall Cases
A crucial factor in slip and fall cases includes determining what type of guest sustained injuries on a property.
Invitee
An invitee visits a property on express or implied invitation, usually for commercial purposes involving the owner’s financial gain. A common example of an invitee is a customer at a mall or grocery store.
Licensee
Licensees also visit a property upon the request of a landowner. These individuals often enter a property for social reasons or the financial gain of a third party. Examples of these visitors include dinner guests, food delivery drivers, or neighbors stopping by for a visit.
Trespasser
Trespassers go onto a property without a landowner’s permission for their benefit or curiosity. A knowledgeable attorney in McAllen could review the evidence of a slip and fall case to determine what type of visitor an injured party is under the law.
The Legal Duty of Care
A visitor’s legal status when they enter a property is vital for determining a property owner’s duty to exercise ordinary care to ensure guests do not sustain injuries while visiting. For example, landowners must inspect the property, fix hazardous conditions, and warn guests of potential dangers. The duty of care applies to guests they invite to enter the premises as a guest.
According to the guidance of the Texas Civil Practice and Remedies Code § 75.002, when a property owner or manager invites guests to their land, they owe them a legal duty of care. Property owners must give the invitee the highest level of care because they enter for their financial gain. They owe the second-highest level of care to the licensee.
However, the property owner or manager does not owe trespassers a duty to exercise ordinary care or protect them from harm. However, that being said, landowners cannot intentionally cause harm to individuals for trespassing on their property. A McAllen attorney could answer questions and help determine whether a property owner owed a slip and fall victim a duty of care.
Schedule to Meet an Experienced Slip and Fall Attorney in McAllen
Slip and fall accidents occur for many different reasons. Sometimes, there is no at-fault party. However, when these incidents occur on a person’s property because of a hazardous condition, you could collect a settlement from the negligent landowner.
A claim for damages is complex, and it’s challenging to recover a settlement without experience in the legal field. Call today to speak with a seasoned McAllen slip and fall lawyer if you need help to recover damages.