All public businesses have a responsibility to make sure their premises are safe for shoppers and visitors. In legal lingo, this responsibility is called a “duty of care.”
Owners and employees alike must implement and follow procedures to regularly inspect the premises and address any risks that may result in injuries to customers. This can mean quickly cleaning up spills, putting out warning signs if floors are wet, repairing broken stairs or rails, or promptly addressing any other hazardous conditions.
Unfortunately, many businesses do not always take reasonable care—and you may experience a slip and fall accident as a result.
If you or a loved one suffered serious injuries in a slip and fall accident, you may have questions about what to do next, and you may not even know where to start.
Help is available: the law office of Stewart J. Guss, Attorney at Law, offers a completely FREE consultation. Someone is available to take your call for free, 24 hours a day, 7 days a week, so call us right now at 866-957-9545. Act now to protect your rights. If you decide to hire us to represent you, you’ll pay us nothing up front, and absolutely nothing at all unless your case is won. Our Houston slip and fall attorneys regularly help people just like you find justice and compensation after an unexpected accident and injury. We’re ready to help!
Why Choose Our Houston Injury Lawyers for Your Slip and Fall Case?
Slip and fall cases can be some of the most difficult cases to win. Many personal injury lawyers in Texas won’t even take them. These types of cases can be complex and businesses often employ expensive legal teams to wriggle out of paying victims. For example, they might try to blame you for “being clumsy” or “not watching where you were going.”
Stewart Guss and his team absolutely do not tolerate these bullying tactics. We hold businesses responsible for slip and fall cases. We know their tricks, and with decades of experience winning these types of cases, we ensure slip and fall accident victims get what they deserve. We receive recognition throughout Texas and across the United States for the quality of representation we provide to each and every client! You need the right attorney for slip and fall cases. Call us to experience our firm’s client-focused values and dedication firsthand.
Choose a Slip and Fall Law Firm With Strength and Experience
When you trip and fall, attorneys can help get to the root cause of the accident. Often, it is a safety hazard on the premises, and the business or property owner is responsible. Slip and fall cases are notoriously difficult to pursue. To win a slip and fall case in Texas, you must prove three basic things:
- The party responsible for the premises knew or should have known about the dangerous condition
- The responsible party failed to fix the dangerous condition or provide warnings
- That the dangerous condition caused the injury
Unfortunately, the law in Texas tends to lean on the side of the business rather than the side of the injured party. Insurance companies know this, and they make it difficult for victims to get compensation at every turn.
You deserve a law firm with experience proving slip and fall claims, and a dedicated personal injury lawyer. Slip and fall cases don’t have to be a losing battle. We’ll stand up to corporations and their insurers on your behalf.
Slip and Fall Injuries and Losses
Slips and falls are often assumed to be minor accidents—after all, almost everyone has taken a tumble at some point.
Many times slip and falls may seem more startling than harmful, and you might think your ego is the only thing that will end up bruised.
But don’t be so quick to dust yourself off and move on after an accident. Falls can cause serious damage to the human body. In fact, slip and fall accidents result in specific physical injuries that may differ from your typical personal injury case.
A person who slips can fall directly forward, backward, or to one side. No matter which way you fall, you don’t have much time to react, and trying to brace for impact can actually result in additional injuries—such as a broken hand or wrist—from the impact with the floor. Slip and fall victims can suffer a serious traumatic blow when they hit the floor or another nearby object.
Many slip and fall injuries require immediate medical attention and may need extensive and costly treatments. In fact, the National Safety Council (NSC) indicates that falls—including slips, trips, and falls—are the third-leading cause of accidental fatal injuries in the United States. Serious injuries that may result from slips and falls include:
- Traumatic brain injuries – A traumatic brain injury (TBI) can happen when your head is suddenly hit or jolted. Damage to the brain tissue can range from mild to severe, though any category of a TBI can have serious effects for a victim. Concussions are a form of a mild TBI and require medical treatment to prevent complications or lasting effects. More severe brain injuries can cause ongoing cognitive, physical, and behavioral impairments that can last for months or years and require extensive rehabilitation.
- Fractured and broken bones: Broken bones are fairly common injuries that may heal completely over time. However, certain types of fractures can cause substantially more serious problems. For example, compound or open fractures often require emergency surgery, follow-up surgeries, and physical therapy. Victims may not be able to regain normal use of those body parts. In addition, older adults who slip and fall are at a particularly high risk of breaking a hip, which is a dangerous injury for seniors and often requires surgery.
- Soft tissue injuries: Bones are not the only body parts that a fall can injure. Falls can seriously damage soft tissue. This includes muscles, ligaments, and tendons. During a fall, your body can twist or stretch in abnormal ways, resulting in serious soft tissue sprains, strains, or tears. These painful injuries often require periods of physical therapy and limit your ability to move. You may even be unable to work or drive. Just like whiplash, soft tissue injuries from a fall can take days to show up. This is why it’s important to get examined by a doctor after your accident.
- Neck and back injuries: A neck or back injury can cause serious pain and mobility issues. Neck and back injuries can also have unexpected effects, including headaches, sleep problems, numbness or tingling in your limbs, and more. In addition, these injuries can keep you from working, holding your kids, carrying or lifting items, or even from caring for yourself.
- Spinal cord injuries: The most serious type of neck or back injury is to the spinal cord. Some spinal cord injury victims are left permanently paralyzed. Spinal cord injuries can vary in severity, but doctors should immediately evaluate, stabilize, and monitor any damage to the spine. If you’ve injured your spine in a fall, you may need long periods of hospitalization and extensive rehabilitative therapies.
The above are just some of the many life-changing injuries that slip and fall victims can suffer. Other losses may include:
- Medical bills for treatments already received
- Estimated costs for future, ongoing, or lifelong treatments
- Lost wages if you’re out of work
- Lost future earnings power if the injury prevents you from returning to a previous job or go on disability
- Physical pain and suffering caused by the injury
- Emotional trauma from the injury or from the accident itself
- Permanent effects of an injury, including impairment, disfigurement, or disability
While they seem straightforward at first, slip and fall accidents can be significantly more complicated than you might ever imagine, and not every personal injury lawyer knows how to successfully handle this type of case.
You need an aggressive and experienced slip and fall legal team.
The offices of Stewart J. Guss, Attorney at Law, can help you navigate the obstacles of your claim and stand up for your legal rights.
Our legal team understands the pain and suffering you’ve experienced due to your injuries, on top of your medical bills, lost income, and other financial losses.
We’re ready to prove the full value of your claim and get you the compensation you deserve.
We offer a FREE consultation for slip and fall claims, 24 hours a day, 7 days a week. Reach out by phone at 800-898-4877, or CLICK HERE to submit your case for a free evaluation.
Slip and Falls for Seniors
Slip and fall accidents can be dangerous for anyone, but the population of seniors is at a particularly high risk of suffering serious fall-related injuries. The Texas Department of Health and Human Services reports the following:
- In one year, Texas hospitals admitted 36,337 seniors for fall-related injuries
- 1,495 seniors did not survive their fall-related injuries that year
- 16% of hospitalizations were for traumatic brain injury (TBI)
- About one-third of senior adults in Texas have fallen
- The risk of falling continues to increase steadily with age
In addition to TBIs, many seniors also fracture a hip when they slip and fall. This can be a serious injury with many complications and restrictions for older adults. Many fall victims with fractured hips require surgery, which can be inherently risky for older patients. The recovery process from a TBI or broken hip can also be difficult. Many people move to an assisted living facility during their rehabilitation, and some people are never able to make it back to their own homes. It is safe to say that a slip and fall accident can change a senior adult’s life, completely and permanently.
No matter what age, all slip and fall victims deserve full compensation if they’ve suffered from a hazard at a store or business. Too many older adults assume that insurance companies will challenge their claims due to their age and, unfortunately, they are probably right. This is because insurance companies will find ANY way possible to challenge ANY claim. With the right law firm on your side, you can fight for your rightful recovery.. If a negligent business changed your life for the worse, you deserve compensation, and your age should never matter!
Every situation is unique. Injuries and losses can differ from one case to another, but there’s one thing you can count on: Texas slip and fall accident lawyer Stewart Guss and his team understand how to calculate your claim and fight for maximum compensation for every single one of his clients. Our firm will stand up for your rights as a slip and fall victim.
Our law office works with clients of all ages, from young children to seniors. We won’t let the insurance company take advantage of you, as we will be handling every step of your claim. Call today to learn more and discuss your options.
Common Causes of Slip and Falls
To seek compensation for your slip and fall injuries and losses, you must show that another party’s negligence caused your accident and injury. Negligence happens when a party breaches a duty of care, and that breach causes an injury. In slip and fall cases, negligence often involves:
- A property owner or business occupying a certain property that has a duty of care to keep the premises safe for visitors and customers
- A property owner or business that fails to keep the property in a safe condition, thereby breaching its duty of care
- A hazard on the property or in the business that leads to your slip and fall injuries
- The damages you incurred as a result of your accident and injuries, including your medical bills, lost income, and noneconomic losses such as pain and suffering
A property owner or business can breach the duty of care in many different ways, which can then cause a slip and fall. Most often, this involves allowing a hazard to exist on the premises that the owner or occupant should have discovered through routine inspection. Worse, they might have been aware of the hazard and neglected to fix it. Some conditions that lead to slips and falls include:
- Wet or slippery floors due to spills, mops, or other cleaning supplies
- Obstacles jutting out into walkways or in the middle of the floor
- Stray wires or cords not properly secured to the walls
- Carpet or flooring that is overly worn out and slippery
- Slick ramps or stairs
- Missing or broken stairs or handrails
- Failure to warn customers or visitors of known hazards that owners or occupants cannot immediately fix
In a slip and fall case, a property or business owner or manager must have known about the hazard or at least should have known about the hazard if they had properly inspected the premises. (If something had fallen 10 seconds before you fell and the owner had no time to remove the hazard or warn you about the hazard, you generally cannot hold the owner liable for the accident.)
Too often, owners try to claim they could not have known about the hazard when, in reality, they should have known about and fixed it. For example, imagine you were walking through Walmart and you suddenly slip on a piece of clothing that fell off the hanger onto the ground. Of course, the store manager claims that the clothing had just fallen, so there was no way the store could have known to clean it up. However, the video surveillance footage in the store shows the clothing fell 30 minutes prior to your slip and fall, and an employee should have inspected the area within those 30 minutes to eliminate the hazard.
Stewart Guss and his legal team know how to prove liability in even the most difficult cases. Often, this requires investigating what happened prior to the fall, store policies, and more. When our legal team knows a business is to blame for your injuries, we won’t give up.
If you’ve been seriously injured in a slip and fall accident, we’re available to answer your call 24 hours a day, seven days a week. Call us right now at 800-898-4877, or CLICK HERE to submit your case for a free evaluation.
What to Do After Your Slip and Fall Accident
If you trip and fall while visiting a business or a property, you can help protect your rights to compensation by taking the following steps:
- First, if you need emergency treatment, that should be your number one priority. Always address your injuries first and call an ambulance if necessary. Getting a timely diagnosis of all your injuries, as well as treatment recommendations, in official emergency medical records can help you prove your injuries at a later date.
- If you can stay at the scene for a few minutes before heading to the emergency room, take pictures of the hazard that caused your fall. Take pictures of the entire area, as you never know what may be relevant to proving the negligence of the business.
- Speak with management so they can file an incident report. This can also serve as evidence that the fall occurred if the store tries to dispute the incident.
- Finally, you should always call an experienced personal injury law firm as soon as possible after your fall. It is never too early to begin discussing your legal rights and options, and your law firm can get to work investigating your fall and identifying liable parties.
We know that your full attention might be on your injuries, medical treatment, and physical recovery, and it is all too easy to put off finding the right law firm.
The good news is that you don’t have to look any further! The law offices of Stewart J. Guss and his team of experienced lawyers and legal professionals aim to make slip and fall claims as easy as possible for you, so please call us right now at 800-898-4877, or CLICK HERE to send us a message about your case.
Call for Help With Your Slip and Fall Insurance Claim
Most people don’t realize they can file an insurance claim after a slip and fall accident. Just like other drivers should have auto insurance to cover crashes, stores and businesses should have adequate insurance policies to cover accidents that happen on the premises. While these policies may be substantial, these insurance companies are notorious for making life difficult for claimants and denying them the payment they fully deserve.
Even though insurance companies promise to be there when someone files a claim, these insurers are FIRST and FOREMOST companies. This means their TOP priority is always to maximize profits. The fewer claims they pay out, the higher their profits! This means they approach the claims process ready to limit payments whenever they can.
Insurers for large companies and store chains are skilled at taking advantage of injured claimants. Walmart even has its own insurance company called Claims Management, Inc., which is solely dedicated to handling claims against the store and limiting liability for the corporation. This giant billion-dollar corporation is willing to go to great lengths creating its own company JUST to avoid paying customers injured in its stores. It’s an understatement to say that many businesses and corporate insurance companies and ruthless when it comes to covering up mistakes and preventing liability for accidents like slips and falls.
The following are only some of the many ways a company’s insurer may try to limit your payment:
Challenging liability for the accident: Liability is often hotly contested in many slip and fall accidents. Many people may lose their balance and fall on their own, and insurance companies will certainly claim this is what happened. They will deny a hazard existed or that the hazard caused your fall. They will try to put the blame on you, which eliminates the responsibility to pay a claim.
Our team of lawyers and legal professionals regularly work to present clear evidence of negligence in slip and fall cases, which can require a thorough investigation and consulting with experts. We know how to prove that the store should be responsible for your losses, which can be a legally-complicated task. This is only one reason why you should call an injury lawyer when you slip and fall!
Doubting your injuries: Even if a business admits liability for a fall, the insurance company can still challenge the amount of damages you’re claiming. For example, if you claim medical bills for various treatments, the insurer may question whether all of those treatments were necessary for your type of injuries. They may claim that your injuries weren’t serious enough to cause pain and suffering or to justify your days or weeks of missed work. In some cases, the insurance adjuster may doubt whether the fall even caused your stated injuries or whether you had pre-existing conditions.
When you’re dealing with serious and painful injuries, as well as restrictions at work and home due to your injuries, it can be devastating when an insurance company claims your condition is not as serious as you say. Having them doubt you in an already difficult time can be heartbreaking. Remember that hope is never lost in this situation, as we know how to handle slip and fall insurance claims! We use your medical records, the testimony of your doctors and other medical experts, and any other necessary resource to prove the severity of your injuries and the extent of your losses.
Don’t settle for any less than you deserve. Insurance adjusters and companies will notice when a claimant does not have legal representation, and will tell you that you don’t need to call a lawyer.
This is not true.
A legal team can help you get what you rightfully deserve from a trip and fall claim.
Know your worth. We do.
To save money, the insurance companies use two very different strategies: promising to give a low settlement quickly, or delaying the processing of your claim until you give up.
It’s safe to say that you should never accept a slip and fall insurance settlement without first discussing the matter with an experienced lawyer. Only an experienced slip and fall injury lawyer can examine all of your losses and calculate the full value of your claim. Many people grossly underestimate their losses when they file their own claims, but our team knows how to account for ALL your past and future damages so you aren’t left having to pay for anything out of pocket.
We also know how to handle insurance adjusters and how to combat their tricks and tactics. Often, simply having our firm on your side will show the insurance company that you mean business and that you won’t back down. They know they can’t play their usual games with us, so it can often result in a fair settlement offer in a shorter period of time. Even if they fail to make the right offer up front, we can identify that the offer is insufficient and insist on more. We have our own negotiating tactics when dealing with difficult insurance companies.
In some cases, an insurer will refuse to cooperate and make a fair offer. Some lawyers may push you to accept the final offer, even if it’s inadequate, so they can resolve the case. However, our legal team is never afraid to escalate the matter and file a personal injury claim in court. Sometimes, the filing of a lawsuit will convince the insurance company to come around. We know how to handle the litigation process so we can best fight for the full compensation for each of our clients!
Contact a Houston Slip and Fall Injury for More Information Today
Did you sustain a slip and fall injury in Houston, Katy, Spring, The Woodlands, Cypress, Tomball, or anywhere in Texas? The Houston slip and fall legal team at Stewart J. Guss, Attorney at Law, has the knowledge, skill, and experience to seek recoveries even in the most difficult cases.
In fact, the legal team of Stewart J. Guss, Attorney at Law, is nationally-recognized for protecting the rights of injured victims for more than 20 years. If you were injured in a slip and fall accident, reach out to schedule a free consultation! Do not sign anything until you speak with us – you could risk losing some or all of the compensation that is due to you.
We take all personal injury cases on a contingency fee basis, so you pay nothing upfront. We are available 24 hours a day, seven days a week. Call today at 800-898-4877 or contact us now by CLICKING HERE.
Don’t fall for insurance companies tricks. Let our next victory be yours, too.
See what past clients have to say:
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“Stewart Guss Legal Services. Stewart Guss was very efficient in the handling of my case. He explained my rights thoroughly and kept me informed of all negotiations. I would recommend his services to anyone needing assistance with their injury claim.”-Janet T.