Premises Liability

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

Cervical Disc Injury Accident in Arlington, TX Settles for $60,000

$60,000 gross recovery for cervical disc injury trip and fall accident at apartment complex in Arlington, TX. Outstanding settlement for premises liability claim involving disputed liability and small disc protrusion.
A woman was injured when she tripped and fell at an apartment complex in Arlington, TX and hired Mullen & Mullen Law Firm to represent her. She fell as she was walking down steps that led from the parking lot to a lower level of the premises. Although the steps in question had a handrail, the area in question had almost no illumination whatsoever. Apartment guests were essentially forced to navigate the steps in total darkness. Our client fell when she was unable to complete a step, and she sustained contusions on her right shoulder and both knees, as well as small cervical disc injury.

Remember: To win a premises liability you have to establish that the premises had a dangerous condition […]

By |November 17th, 2015|Categories: Premises Liability||0 Comments

Do Posted Signs Prevent You From Suing for Injury?

A store or property owner posts a sign. You get hurt. Can you still recover compensation from them? Find out in this post.
You see a sign at the store: “Slippery When Wet.”

Your neighbor has a big “Beware Of Dog” sign that you couldn’t possibly miss.

A local farmer has a noticeable “Trespassing Strictly Prohibited” signs posted every 10 feet on their property.

So one week, you have what’s possibly the worst week of your life. You walk right by the “Slippery When Wet” sign and fall flat on your back, causing a minor back injury. You didn’t know your neighbors just got a new guard dog, and you didn’t notice that sign either. It takes a big chunk out of your leg.

Irritated with all the stress in your life, you and your friends decide to deal with it by going onto that farmer’s property and trampling his corn. As you do that, you […]

By |November 17th, 2015|Categories: Premises Liability||0 Comments

Should I Sue My Apartment Complex if I Slipped & Fell on Ice?

Most recent Texas decisions indicate your apartment complex would not be liable for your injuries if ice naturally accumulated on the grounds.
It’s a nightmare scenario. You’re walking down your steps or to your car after a recent ice storm, like the one we had in late February this year. As you walk, you slip and fall due to ice on the ground.

While you weren’t hurt severely, you did sprain your ankle, aggravate a past back injury, and bruise the side of your head. You also missed a couple days of work.

Now you have a difficult decision to make: should you file an insurance claim and/or potentially sue your apartment complex?

Proving liability in this situation isn’t black-and-white. The majority of Courts in Texas now draw a distinction between natural accumulation of ice (“act of God”) and unnatural accumulation.  What’s the difference and why does it matter?

Most recent Texas decisions indicate your apartment […]

By |March 26th, 2015|Categories: Premises Liability||0 Comments

Hurt in a Slip and Fall Accident? Do This Next!

How do you hold other careless or negligent parties responsible for their behavior? Find out in this slip and fall accident guide.
In criminal cases, the burden of proof is on the prosecutor and his legal team. But in a slip-and-fall case, it’s on you – the victim.

That’s why it’s important to follow a careful, thorough process if you are injured on someone else’s property.

Here’s what you should do:

If You are Hurt, Get Medical Attention First

If you delay at all, that may tell the jury (if your case goes to trial) your injuries in fact weren’t so severe. They may think you’re exaggerating your case, or lying entirely.

Go to the ER if necessary, but definitely see your family doctor ASAP.

Discuss all injuries – major and minor. Take pictures of them as soon as possible.

Gather Evidence about the “Dangerous Condition”

To prove liability in a slip-and-fall injury claim, you must show […]

By |November 7th, 2014|Categories: Premises Liability||0 Comments