How is Fault Determined in a Sugar Land Slip and Fall Accident?

People fall for various reasons, and not all falls result in injuries or are someone else’s fault. However, there are instances where a person would not have fallen if not for someone else’s negligence. In these types of slip and fall accidents, the property owner is usually held responsible.

In 2020, falls were the second leading cause of unintentional deaths in the United States, according to Injury Facts, with approximately 42,114 fatalities recorded. If you or a loved one have suffered injuries or are mourning a loss due to a slip and fall accident in Sugar Land or anywhere else in Texas, please reach out to our offices today. Our team is prepared to investigate the circumstances of the fall to determine whether someone may be liable. If so, we will assist you in seeking justice.

How Can Property Owners be Negligent?

Let’s take a look at one of Sugar Land’s busiest attractions: Sugar Land Town Square. The town square is home to several stores where residents can shop. These businesses welcome people into their stores to make purchases, and it is assumed that their property is safe for the average person.

However, property owners can be negligent in ways that put members of the public in danger. Wet floors without warning signs, damaged carpeting, and old and defective chairs and benches are all common examples of potential hazards.

While these hazards may not always result in injury, personal injury lawsuits arise when a property owner’s negligence causes harm to someone. Negligence is the key factor in determining liability for an accident.

Three Key Factors to Consider Regarding Fault in a Slip and Fall Accident Case

Understanding how fault is determined in a Sugar Land slip and fall case is crucial. Proceeding blindly in negotiations with insurance adjusters or filing a lawsuit without sufficient knowledge about personal injury claims can lead to frustration. Here are three things to keep in mind when it comes to determining fault in a slip and fall accident in Sugar Land:

Insurance Companies are Not on Your Side

It is crucial to understand how insurance companies operate when pursuing a personal injury claim. While your claim may be valid, insurers and their adjusters are primarily focused on maximizing profits, often at your expense. Therefore, involving a skilled attorney in determining fault and securing fair compensation is essential. Insurance companies may act in bad faith by placing blame on victims to lower or deny payment.

Shared Liability in Slip and Fall Accidents

Texas follows a comparative negligence model, which means that liability in a Sugar Land slip and fall accident is shared among all parties based on their level of fault. For example, if you knowingly walked on a wet surface in a restricted area, you may share liability for the accident. Although property managers and workers have a responsibility to warn of wet floors, your presence in the restricted area suggests you should have been aware of the potential risk. Therefore, you may also carry some liability in your case.

Compensation is Not Guaranteed

It is important to remember that simply being injured in a slip and fall accident does not automatically qualify you for compensation. While stating that you were hurt is one thing, proving that another party was responsible is another matter entirely. To be eligible for compensation, you must demonstrate that the defendant owed you a legal duty of care but breached that obligation.

Where Slip and Fall Accidents are Most Common 

Slip and fall accidents tend to occur in areas with heavy foot traffic. Negligent property maintenance in highly trafficked areas increases the likelihood of someone getting injured. While property owners bear the responsibility of keeping their premises safe, it is wise to be aware of your surroundings in the following places:

• Sugar Land Town Square
• First Colony Mall
• Smart Financial Centre
• Sugar Land Ice and Sports Center (formerly the Sugar Land Aerodome)
• Parking Garages
• Grocery Stores (H-E-B, Whole Foods, Costco, or Keemat)

What to Do if You’ve Been Injured

If you have suffered a fall and require medical attention, the first step is to inform the manager on duty so they can call for an ambulance. The manager should document the incident in an incident report and take photos of the scene. If possible, you should also take photos of the cause of your fall. In some cases, the manager may forget to take pictures, so preserving evidence is crucial in the event of a claim.

To determine if your injury warrants the services of an attorney, contact a qualified personal injury lawyer to discuss your situation. At Lone Star Injury Attorneys, we offer free consultations to those who believe they have been injured due to the negligence of others. Call our office today to schedule a free consultation to discuss determining fault in a Sugar Land slip and fall accident.