Who Is Liable for a Slip and Fall Accident in San Antonio?

Texas law imposes a legal duty on property owners to maintain their premises so that their visitors, clients, and customers are safe from harm. A property owner in the context of who might be liable for your injury and owe you money in a personal injury claim can be a government entity or private individual, and they need not strictly own the property.

For example, if a restaurant owner leases space for their business and doesn’t properly clean a spillage and place a wet floor sign, causing you to slip and injure your back, you could hold the restaurant owner liable despite them not owning the property.

It is not enough for an injury to occur on the premises. To successfully recover compensation, you must show that the property owner (or the business operating out of a location) negligently maintained the premises, either through action (such as leaving trash in a walkway that visitors can trip over) or inaction (for example, failing to place a wet floor sign next to a spillage or failing to replace a torn carpet when alerted to the hazard by an employee).

You must prove four elements:

Duty of Care

To establish a duty of care, you must show:

• The party responsible for your injuries owns, leases, or manages the property, establishing their duty to maintain a safe environment.
• You were on the property lawfully as an invitee or licensee when the injury occurred. It can be difficult — perhaps impossible — to file a successful claim if you were trespassing when you slipped and fell.

Breach of Duty

You must then show the property owner (or manager or tenant) breached their duty of care by proving they knew (or reasonably should have known) that the environment was dangerous and posed a risk and that they failed to maintain the premises or did not take reasonable measures to repair, remove, or warn of a known hazard.

Injuries and Damages

When you suffer a slip and fall in San Antonio, you will likely incur damages — or losses. These losses can have a tangible monetary value, such as losing wages from being unable to work and having to pay for medical treatment. However, they may be non-economic, covering physical pain, mental anguish, and loss of enjoyment — for example, if your injury makes it impossible for you to participate in hobbies or activities.

To recover compensation, you must present evidence showing you sustained damages. Your slip and fall lawyer in San Antonio can investigate your accident to gather evidence and advise you on what documentation to keep hold of to support your case.

Causation

Causation is the final element, and insurance companies often dispute it. Causation is the link tying together your accident, injuries, and the party you are holding responsible — you must show that their breach of duty (negligence) caused you harm. Insurance adjusters may dispute you were hurt in the accident, arguing that you sustained your injuries later on in a separate event, especially if you discuss your accident with an adjuster and do not mention an injury you later claim for.

Insurance companies will usually contact you to discuss a settlement while you’re still recovering and do not know the extent of your injuries or the potential long-term consequences. Your condition may worsen, or you might develop new injuries after the initial conversation with the insurer. In any case, the insurer will use any gaps or inconsistencies to reduce liability by claiming the accident did not cause your injuries.

This scenario is one reason we advise against speaking with insurance adjusters after your accident and why hiring a slip and fall personal injury lawyer in San Antonio is beneficial — we can handle all communications with insurance companies and protect your rights. This is also why we encourage anyone hurt in a slip and fall accident to seek medical attention as soon as possible — even if you initially feel okay — as it documents your injuries and symptoms and proves your injuries occurred during the fall.

Insurers may also argue you are majorly responsible for your injuries, such as if you were distracted when you slipped and would have seen the hazard and been able to avoid harm if you were paying attention. If an insurance company successfully proves your negligence contributed to your accident, you will recover less compensation — and you may not be entitled to any financial award.

When considering whether the property owner acted negligently in causing the slip and fall accident, lawyers, insurance adjusters, and courts may ask the following questions:

• How likely would another person suffer a slip and fall injury in the same situation?
• How severe are the injuries?
• Did the landowner know about the hazard that led to the slip and fall accident? Where is the property located?
• How much of a burden would it be for the landowner to fix the dangerous condition or remove it from the property?
• How much control did the landowner have over the situation that led to the slip and fall accident?
• Did the property owner maintain a reasonable and prudent standard of care? Would another owner have maintained an identical standard or taken the same actions under similar circumstances?

Establishing the property owner’s knowledge of and control over a dangerous condition on the premises helps you establish multiple elements required to meet the personal injury burden of proof and recover compensation for your slip and fall injuries.

How Much Money Can You Get for a Slip and Fall Personal Injury Claim in San Antonio?

When you suffer an injury in a premises liability accident caused by someone else’s negligence — whether a person, company, government agency, or other organization – you are entitled to compensation for your losses.

Some of the most common damages our slip and fall personal injury lawyer recovers for clients are:

• Medical expenses, including ambulance transportation, emergency room visits, hospital stays, diagnostic testing, surgery, rehabilitation, and prescription medication.
• Estimated future medical treatment costs when a slip and fall accident causes a severe injury or permanent limitations requiring ongoing treatment and care.
• Rehabilitation expenses for treatment from physical therapists, occupational therapists, mental health specialists, and other professionals who help slip and fall accident victims physically and emotionally recover from their injuries.
• Expenses for assistive devices such as wheelchairs, crutches, and canes.
• Lost wages from missing work due to slip and fall accident injuries, hospitalization, and recovery.
• Estimated future lost wages when a slip and fall accident causes a permanent injury that impacts an accident victim’s ability to work.
• Physical pain and suffering
• Emotional distress
• Loss of quality of life
• Loss of consortium
• Exemplary damages when the property owner’s conduct is malicious or egregious, such as if they intended to cause you harm. These damages are only available in a personal injury lawsuit and are at the discretion of a jury.

You may wonder about the average payout in a slip and fall claim or want to know exactly how much you can expect to recover. Unfortunately, the compensation you are entitled to depends on several factors, and the amount you deserve and how much you recover are not necessarily the same.

You can easily calculate your economic damages by totaling your medical expenses, lost wages, and other verifiable losses you’ve suffered due to your accident. However, you should wait to achieve maximum medical improvement — or at least ensure you know what further treatment you might need and understand the nature of your recovery — as you could be entitled to more. You can also recover your future losses for ongoing treatment.

However, the challenge comes with calculating your non-economic losses for pain and suffering, mental anguish, and more. These losses are subjective — they do not have a fixed monetary value. If an individual slips on a wet floor and injures their back, causing nerve or spinal cord damage that leaves them partially paralyzed, how can anyone put a price on that?

How much money is it worth when an individual cannot walk, pick up their young grandchildren, play golf, or enjoy the hobbies and activities that such a life-changing injury limits?

Insurance companies typically apply a multiplier to your economic damages to calculate non-economic damages, with more severe, life-altering, and permanent injuries warranting a higher multiplier. But the formulas insurance companies use vary by provider, and there are many other factors at play, including the experience and advocacy of your chosen slip and fall injury lawyer, the strength of your evidence proving liability, and the willingness of the at-fault party to accept responsibility and resolve the claim.

You may also have to decide between negotiating a settlement or filing a personal injury lawsuit. Both routes have benefits. A settlement is private and typically faster, as you will not have to wait for a court date. You’ll also likely save on legal fees. With a lawsuit, there is always a risk — you may reject a settlement offer only for a jury to decide the defendant was not negligent, and you will not recover any compensation. However, a court judgment can be significantly higher than any sum offered during settlement negotiations.

Our slip and fall lawyer in San Antonio can assess your accident and determine if you have a claim, gather evidence to prove liability, and negotiate the maximum possible settlement for your injuries so you receive the compensation you deserve. However, we are also seasoned trial advocates who have secured massive judgments in court, and we’re not afraid to pursue a lawsuit if we believe you have a strong case and the at-fault party’s insurer refuses to make a fair offer. We will always explain your options and the advantages and drawbacks of each route so you can make an informed decision.

What to Do When You Slip and Fall in San Antonio

If you’ve experienced a slip and fall accident in San Antonio, taking these will protect your rights, maximize your entitlement to compensation, and — most importantly — ensure you get the treatment and support you need for your injuries.

Here’s what to do when you slip and fall, whether at a store, restaurant, bank, workplace or elsewhere.

1. Check for injuries: Your health and safety are paramount. The first thing you should do after a slip and fall is check for any injuries. Pay attention to your body and notice any soreness, discomfort, tingling, dullness, numbness, or other unusual sensations. You should only attempt to move if you do not feel any pain. Even then, you should move slowly and take your time, as you may feel shaky or have sustained injuries that do not immediately appear. If you are in pain, lightheaded, tingly, or have physical injuries such as a wound, bleeding, or swelling, call for help and do not attempt to move.

2. Report the accident: You should report your accident to the owner or manager of the premises where you sustained your injury to create a record. If they are not available, alert whoever is in charge. You should report the accident as soon as possible — ideally immediately unless you need urgent medical care. The owner, manager, tenant, or other party will create an incident report recording what happened, the injuries sustained, and anyone who may have witnessed your slip and fall. Being present allows you to contribute to the report and ensure crucial details are not conveniently omitted.

3. Seek medical attention: If you do not need urgent treatment for an open wound, traumatic brain injury, or spinal cord injury after your slip and fall, you should still get a medical checkup after your accident. You may think you’re not hurt or push through the pain you’re in to avoid medical bills, causing a fuss, or being forced to take time off work, but visiting a doctor is the best thing you can do if you think you may be entitled to compensation. It could also prove critical for your recovery.

A medical professional can identify potential issues you should monitor and diagnose and prescribe treatment for health conditions even if you’ve yet to experience physical symptoms. Early intervention gives you the best chance of recovery, whatever your injury. If your slip and fall accident was caused by someone’s negligence, seeking medical attention becomes vital because it documents when your injuries occurred and their severity, helping you prove damages and causation in a slip and fall personal injury claim. 

If you are worried about the cost of medical treatment, you should speak to a San Antonio slip and fall lawyer as soon as possible. We can help you get the care you need and defer payment until your claim is resolved or arrange a payment plan with your medical provider.

4. Gather evidence: There is no better opportunity to collect evidence for a personal injury claim than during the immediate aftermath of your slip and fall accident. Unfortunately, this window is often short, and you may not be physically or emotionally able to gather evidence at the scene. If you can — or can ask someone you trust to do so on your behalf — try to take photos or videos of your injuries, the premises, and the hazard that caused your slip and fall, and collect statements and contact information from any witnesses who saw your slip and fall and the events leading to it.

5. Contact a slip and fall personal injury attorney: The final step is to contact an experienced slip and fall personal injury lawyer in San Antonio — if you haven’t already. An attorney can be a valuable ally in your physical, emotional, and financial recovery, helping arrange treatment, lifting the burden of gathering evidence and navigating the law as you prioritize your health, dealing with stubborn and pushy insurance companies trying to shift blame or devalue your claim, and negotiating maximum compensation that fairly compensates you for the damage caused by someone else’s negligence.