Premises Liability

The Top Conditions Leading to Slip and Fall Injury Claims

What conditions cause the most slip and fall injuries? Find out how to avoid getting hurt in this post from the attorneys at Mullen & Mullen.
It’s that time of year again. The weather is slowly cooling down. And before you know it, winter is going to be upon us. That leads perfectly into the first condition that causes many slip and fall injuries:
Ice and Snow
Slip and fall injuries involving these elements happen most commonly in parking lots and on sidewalks. In regard to the law, there’s no specifically defined time limits or accumulation limits before a property owner becomes “negligent.” In fact, the real question under current law appears to be whether the ice or snow resulted from natural accumulation or unnatural accumulation.

Many courts are hesitant to allow the recovery of damages if the ice or snow that caused the slip and fall injury was the result of natural accumulation, i.e. […]

By |November 9th, 2017|Categories: Premises Liability||0 Comments

Precautions to Prevent Being Sued for a Slip and Fall Injury

Check out these tips to see how businesses can take simple steps to prevent slip and fall injuries and lawsuits from happening.
You hear about slips and falls all the time. But how common are they really?

According to the National Floor Safety Institute (NFSI), slips-and-falls account for 1 million emergency room visits, or 12% of total falls.

So yes, they are a common problem.

For senior citizens, they’re also a leading cause of injury-related death. You don’t want to find yourself facing a wrongful death lawsuit because of a simple, and preventable slip-and-fall accident.
How can you protect yourself from slip-and-fall lawsuits?
Here’s what to do:

Identify, Fix and Warn About Dangerous Conditions

According to the NFSI, most slip-and-falls happen on hazardous surfaces, both indoors and outdoors – 55%, in fact.

So if you’re a business, when you clean floors, make sure you put up appropriate warning signage. Fill in those potholes and cracks. Look for and repair/improve […]

By |October 11th, 2017|Categories: Premises Liability||0 Comments

How Long Do You Have to Bring Forth a Slip and Fall Claim?

You slip, fall, get hurt, and think it’s someone else’s fault. How long do you have to file your injury claim? It depends on where you got hurt. Find out more in this post.
You slip. You fall. You’re injured.

How long do you have to take action on that if you want to file an injury claim?

It depends on where you fell.
Lesson #1: Procrastination Jeopardizes Your Settlement Amount and Possibly If You Can Recover Anything
Regardless of where you fall in Texas, it’s not something you want to procrastinate on. You don’t want to wait to pile up all your medical bills first. You can successfully negotiate a settlement for all future damages via a settlement now.

It’s a scary process too. But, you’re only going to harm your slip and fall case if you wait. Judges and juries think that honest premises liability injury victims act quickly. If you delay, that harms […]

By |September 25th, 2017|Categories: Premises Liability||0 Comments

The Top Reason Slip-and-Fall Cases Are Not Successful

What’s the main reason slip-and-fall cases fail? Find out in this post so you don’t have to worry about losing your injury claim.
What would be worse than slipping, falling, missing time from work, racking up a pile of medical bills, and then finding out you’re not able to win your injury claim, even though it’s 100% someone else’s fault?

It can happen in slip-and-fall cases. And it’s more likely when you have an inexperienced personal injury lawyer.
What Is the Top Reason Slip-and-Fall Claims Get Denied?
In one sentence: proof of notice of a dangerous condition.

Most Defendants argue they didn’t have actual or constructive notice of the dangerous condition that caused the injuries. Defendants simply say, ”I did not know about the dangerous condition. And it’s not my fault that I didn’t know. There is no way I could have known. I don’t know how long the dangerous condition was present.”
How Do You Show […]

By |September 11th, 2017|Categories: Premises Liability||0 Comments

What Does “Should Have Known” about a Dangerous Condition Mean?

Sometimes a property owner should have discovered a dangerous condition before someone was injured. If not compensation can likely be recovered. What does “constructive notice” mean?
You slip and fall on a slick spot in a store. You break your ankle. You have to miss a few weeks of work.

Can you file a successful claim against the store?

Notice we didn’t say the situation happened because of an employee who mopped a spot and forgot to put a sign or warning cone up.

Should the store owner have discovered the dangerous condition before your fall? Should they have warned you of the dangerous condition or eliminated same prior to your fall?
To win a claim or case like this, you will need to demonstrate the store knew about the dangerous condition (actual knowledge) or that they should have known about the dangerous condition (constructive knowledge).
Contrast these two examples: If the situation happened as described […]

By |July 28th, 2017|Categories: Premises Liability||0 Comments

How Texas Law Works When You Slip-and-Fall At Your Job

You don’t want to slip-and-fall at your job. Texas law gets complicated when you do, and it isn’t on your side.
When you slip and fall at your work in Texas, law gets complicated. If you thought law was already confusing, it gets even more so.

This is because Texas doesn’t require companies to carry workers’ compensation. We’re the only state to do so, and about a third of our companies don’t have workers’ comp. That amounts to millions of employees being without workers’ compensation coverage.

When you fall on the job, it’s not automatically a workers’ comp case.
When a Slip-and-Fall at Work Becomes a Personal Injury Claim
You may have a personal injury claim in Texas, even if you were hurt on the job, if:

Your employer was negligent and isn’t a subscriber to Texas Workers’ Compensation
Your loved one was killed at work because of the gross negligence of his or her […]

By |May 15th, 2017|Categories: Premises Liability||0 Comments

Slips, Trips, Falls – When Can’t You File an Injury Claim?

You can take actions that reduce or eliminate your ability to get compensation for your injuries. Learn how this can happen in this post.
Just because you slip-and-fall on someone else’s property doesn’t mean you immediately score a big payday.

The media often shapes the perception that anytime someone gets hurt, they’re entitled to millions of dollars. And they also present personal injury victims in a selfish negative light too.

Remember the grandma who spilled hot McDonald’s coffee on herself and got $3 million for it?

Well, that wasn’t the truth at all. Stella Liebeck, 79 at the time, was a passenger. And McDonald’s company policy then was to serve scalding hot coffee that could cause severe burns in seconds. She wanted to settle the case for $20,000, which would cover her medical bills and lost income. McDonald’s offered $800 in return.

Outraged, the jury assessed $3 million in punitive damages. The judge reduced that […]

By |December 10th, 2016|Categories: Premises Liability||0 Comments

3 Most Commonly Asked Questions about Slip and Fall Cases

Did you slip, trip, or fall, and get injured? Did it happen to someone you love? You might have these questions. Find out what they are, and the answers.
Been in a “slip and fall” situation? Have a loved one who has? Just curious?

Slips and falls, or “premises liability” claims as the law calls them, get a bad rap. Remember all those hidden camera shows in the 1990s and early 2000s that exposed people faking these in stores to score a big pay day?

Most Texans are honest citizens like yourself, just looking for fair compensation in the event they’ve been injured due to the negligence of a person or business. After all, if someone else’s carelessness causes your injuries, they should help you cover them.

If you’re in that situation, take a minute to learn more about this type of legal claim:

Is your case a “slip and fall” claim?

Slip and […]

By |November 16th, 2016|Categories: Premises Liability||0 Comments

Attorney Settles Slip & Fall Accident in Gainesville, TX for $250,000

$250,000 gross recovery for slip & fall accident at retail store in Gainesville, TX. Outstanding settlement by attorney for claim involving disputed liability.
A man broke his leg when he slipped and fell in water inside a retail store in Gainesville, TX. He underwent surgery for the injury before retaining Mullen & Mullen Law Firm to represent him.

Comments from Attorney Joseph Morrison: I personally accompanied our in-house private investigator Mike Foster to Gainesville, TX to meet with the client and develop the evidence we would need to win his premises liability case. Premises liability claims are often challenging but our firm has a very good track record handling them. A major reason for this is Mike’s ability to assist clients by securing affidavits, locating witnesses, taking necessary photographs, submitting open records requests, etc. He is a real asset to our personal injury law firm and always goes above and beyond for clients.

Another […]

By |February 3rd, 2016|Categories: Premises Liability||0 Comments

Attorney Settles Slip & Fall Accident in Garland, TX for $52,500

Slip and fall accident in Garland, TX at major retail store, resulting in knee and low back injuries, settled by attorney for $52,500. Outstanding gross recovery after claim was initially denied.
Our client was shopping at a major retail store in Garland, TX. Her right foot stepped into a puddle of water she didn’t notice, and as a result she slipped and fell backwards onto her back. The puddle of water apparently resulted from a leak in the store’s roof. The client retained our personal injury law firm and we quickly sent a notice of representation and demand to preserve evidence.

Comment from Attorney Shane Mullen: Premises liability claims can be very challenging, but that has never stopped us from representing injured victims when we believe we can establish the store knew of the dangerous condition or should have discovered it.  In this particular claim, we believed the size of the puddle […]

By |January 6th, 2016|Categories: Premises Liability||0 Comments