Top-rated Premises Liability Attorneys in Fort Worth, TX

ABOUT SLIP AND FALL CASES

Texas law is not on your side.

The legislative and judicial landscape throughout Texas has significantly increased the challenges for victims seeking compensation in slip and fall or premises liability cases.

In general, establishing a claim requires demonstrating that the responsible party was aware or should have been aware of a hazardous condition, and that they had a legal obligation to either warn about the condition or rectify it. The nature of this duty is determined by whether you are categorized as an Invitee or a Licensee while on the premises.

Mullen & Mullen Law Firm, located in Fort Worth, boasts a track record of representing numerous clients, securing millions in settlements for individuals who have suffered physical injuries at various locations such as office buildings, apartment complexes, restaurants, department stores, convenience stores, grocery stores, and retail outlets like Walmart.

Our firm possesses the financial resources, expertise, skills, and experience necessary to effectively build and present your case. The attorneys in Fort Worth from our team will meticulously establish the essential facts required to secure a settlement for your slip and fall injury.

Notably, our Senior Associate Joseph Morrison served as counsel of record in a premises liability case recognized by VerdictSearch as one of the Top 5 Texas Premises Liability verdicts in a given year.

What Should You Do Immediately After A Slip And Fall Accident?

Do You Have A Premises Liability Or A Negligent Activity Claim?

The first thing to establish is if you have a premises liability or a negligent activity claim. This short video explains the difference between the two.

When an incident of slipping and falling occurs on someone’s property in Fort Worth—be it a local park, government building, private or public business, or another individual’s residence—the circumstances and legal implications depend on the applicable body of law.

If your injury coincided with the negligent act or omission, you may have a negligent activity claim. This distinction is significant because establishing a breach of the duty of safety in a slip and fall case is generally less challenging in negligent activity claims compared to premises liability claims.

To prevail in a negligent activity claim, you need to demonstrate the following:

• The defendant owed a general “duty” of care, measured by what a reasonably prudent ordinary person or business would do (or refrain from doing) under the same or similar circumstances.
• The defendant “breached” that duty.
• The breach “caused” your accident, as determined by the “but for” test and the “foreseeability” test.
• You suffered and sustained “damages” according to the legally defined criteria.

Illustration Of A Negligent Activity Claim

Imagine you’re browsing merchandise in a grocery store when an inattentive employee accidentally shoves a chain of shopping carts, striking you in the back and causing you to fall. In this scenario, your injury occurred simultaneously with the negligent act. To prove a breach of the duty of care, you only need to demonstrate that a reasonably prudent store employee would have been attentive while pushing a lengthy chain of shopping carts. You can argue based on common sense, store training policies and procedures, and try to elicit an admission from the employee that they should have been more attentive.

Are Witnesses Crucial?

Absolutely. Witnesses can be pivotal in determining the outcome of a slip and fall case in Fort Worth. It’s essential to gather information about all potential witnesses, as they can often be instrumental in showing that the store was aware of, or should have discovered, a hazardous condition.

Remember: Even if there were no witnesses to your slip and fall, you can still establish the necessary facts to support and win your personal injury claim. In many cases, your own testimony alone can suffice to establish the facts needed to support your claim for damages.

Does The Presence Of Individuals Around Me At The Time Of My Fall Matter?

It could. Consider a scenario where there is a hazardous puddle of water on the floor in a store. If two employees were in close proximity to the puddle, it becomes more plausible to argue that they either knew about the water or should have discovered it (and taken measures to make it safe). Reflect on your slip and fall incident. Were there any employees nearby when you fell? Did the area where you fell belong to a main aisle or section of the store? Was there any indication that one or more employees had recently been in the area where you fell?

Case Example 1

Mullen & Mullen Law Firm represented a woman injured at Walmart. She slipped and fell in a puddle of water that had leaked in from the ceiling. Our attorneys contended that the location of her fall was within eyesight of three employees, based on the evidence gathered.

Case Example 2

Our Fort Worth attorneys represented a man who slipped and fell at a Kroger grocery store due to water on the floor in one of the aisles. Mullen & Mullen Law Firm argued that a pallet with products ready for stocking, positioned close to the water, indicated that a store employee had been in the aisle before our client’s fall and should have identified the hazardous condition.

Does The Content Of What The Employee(S) Communicated Matter?

It could.

For instance, if a store manager admitted to instructing one or more employee(s) to clean up a spill before your fall, it would evidently imply that the store, through its employee(s), possessed actual knowledge of the hazardous condition. At times, statements can establish constructive notice—indicating that the store should have become aware of the dangerous condition.

Keep in mind: Constructive notice can be substantiated in various ways. If, for example, the puddle you slipped in exhibited multiple “tracks,” you could argue that the puddle had been present long enough for multiple people to encounter it, and the store should have discovered it.

Illustration: As previously mentioned, we discussed the case of a woman we represented who was injured at Walmart when she slipped in a puddle of water from a ceiling leak. Our Fort Worth slip and fall lawyers also demonstrated that multiple employees had a view of the aisle in question. Mullen & Mullen still had to prove that the puddle of water in question existed for a sufficient duration that the store employees should have discovered it. Our attorneys argued that the size of the puddle (equivalent to a medium pizza) combined with the slow leak (dripping every 3-4 seconds) necessarily indicated that the puddle had accumulated over an extended period.

Who Might Be Held Responsible In A Slip And Fall Accident?

Several potential parties could bear responsibility for your injuries, and the parties involved may vary depending on the type of establishment where the incident occurred. Here are some examples:

• Retail Store: The owner of the building and the occupier of the building could both be potential parties, depending on the nature of the alleged hazardous condition.
• Government Building: The city, county, an agency, or the State of Texas may be potential parties. It’s crucial to note that governmental units and entities often have stringent requirements for filing a Notice of Claim within a specified time period, sometimes as brief as 30 days. Failure to meet these notice requirements could result in being barred from receiving damages in your slip and fall claim.
• Apartment Complex: The owner of the apartment complex and a property management company may be potential parties.
• Residence: The owner(s) of the home or tenants could be potential parties. It’s important to recognize that most homeowners have insurance to cover such losses.

In summary, liability for your injuries could extend to the owner of the premises, the manager, and any possessor of the premises.

IN TEXAS, THE DYNAMICS CHANGE SIGNIFICANTLY WHEN YOU SUSTAIN INJURIES ON GOVERNMENT-OWNED PROPERTY, BRINGING FORTH A MUCH MORE STRINGENT TIMELINE FOR FILING YOUR CLAIM.

Under normal circumstances in Texas premises liability cases, the statute of limitations is two years from the date of the incident that led to your injuries. It is imperative to settle all claims or initiate legal proceedings (with proper service to all defendants) before the expiration of this two-year period, as failing to do so will permanently bar you from seeking recovery.

However, when injuries occur on government property, an additional requirement comes into play. You must file a notice of claim with the relevant government or entities. The notice period stipulated by the Texas Tort Claims Act is six months, but certain local jurisdictions may set even shorter deadlines—sometimes as brief as 30, 45, or 90 days. Swift reporting of your injury and prompt legal assistance are critical to ensure the validity of your claim(s).

Factors Affecting Compensation Reduction:

In the context of slipping and falling on private property in Texas, the parameters for insurance policy limits become more subjective and are typically higher. Generally, you can seek full compensation for economic damages (such as income loss, medical bills, lost capacity to earn, and property damage) with no specific limit.

On private property, there is also potential for recovery of damages for non-economic harm (like emotional pain and suffering, lost companionship, etc.), though this is rare and often challenging to establish.

The same principles apply to punitive damages, which are infrequent and reserved for situations where an institution or individual’s grossly negligent behavior results in severe injury, aiming to impose a punitive penalty.

Where Your Injury Occurs Significantly Influences Your Compensation.

On private property in Texas, the liability policy limits of the owner or possessor—either individually or collectively—typically impact the maximum compensation you can receive. However, this correlation may not hold if the owner or possessor is exceptionally profitable. For instance, if you suffer severe injuries due to a slippery substance on the ground, the implications of policy limits become apparent.

Consider a scenario where you sustain catastrophic injuries at a small mom-and-pop restaurant. In such cases, accepting a $500,000.00 policy limits offer might be a practical consideration—even if your actual damages exceed that amount—given the uncertainty of collecting a judgment exceeding the limits from a small business. Conversely, if the injury occurs on Amazon’s property, and they have $1,000,000.00 liability policy limits, rejecting these limits would be reasonable if your damages surpass that amount. In such instances, pursuing compensation for full economic damages (income loss, medical bills, loss of earning capacity) and complete non-economic damages (pain and suffering, mental anguish, impairment, etc.) would be warranted.

However, when dealing with governmental entities, your compensation is subject to caps:

For claims against a unit of local government:

• $100,000 per person
• $300,000 per occurrence
• $100,000 for property damage

For claims against a state agency or municipality:

• $250,000 per person
• $500,000 per occurrence
• $100,000 for property damage

Understanding Sovereign Immunity And Its Impact On Government Liability

In pre-American England, suing the king or government was an impossibility due to the doctrine of “sovereign immunity.” While this historical concept still influences the legal landscape in Texas, it doesn’t provide absolute protection as seen in old England. Government entities in Texas don’t enjoy sovereign immunity when performing functions exclusively for their citizens, but they do retain it when the functions benefit both citizens and non-citizens. This nuance adds complexity to situations like slipping and falling on government property, although it doesn’t render legal recourse impossible. Quick reporting of the accident to the government entity and seeking legal counsel promptly are essential to safeguarding your rights.

How Our Attorneys Can Assist You

Our legal team leverages extensive databases to identify premises owners and managers swiftly. We use this information to promptly send spoliation of evidence letters to potential parties, instructing them to preserve all evidence relevant to your slip and fall accident case. For instance, many stores have surveillance cameras that might have recorded your fall. Acting swiftly is crucial, as video footage is often retained for only a short period, sometimes mere days. Retaining legal counsel promptly is vital to ensure the preservation of critical evidence.

WHAT WAS YOUR STATUS ON THE PROPERTY: INVITEE, LICENSEE, OR TRESPASSER?

Does Your Activity On The Property At The Time Of The Accident Matter?

Absolutely. Your legal status on the specific property determines the obligations owed to you by potential responsible parties. Moreover, it establishes whether comparative negligence might hinder your ability to recover damages.

Who Qualifies As An Invitee In A Slip And Fall Case?

An invitee is essentially an “invited guest.” You attain invitee status when you’re on the premises or at a business by invitation. This invitation can be either direct or “express,” or it can be “implied,” such as when you’re expected to enter stores, restaurants, and other establishments open to the public for shopping, dining, or entertainment.

For instance, if you visit Best Buy with the intention of buying a television and, while in the store, you slip and fall, resulting in an injury, you would be classified as an “Invitee.” This is because you were on the premises under the implied invitation of the store to make a purchase. Best Buy is open to the public, and your presence was mutually beneficial to them, as they wanted you to come in and buy a television or another product.

In contrast, if you entered a gas station solely to use the restroom without any intention of making a purchase, you would not be categorized as an Invitee.

Typical invitee scenarios include a shopper in a store (as in the Best Buy example above), patrons at a restaurant, a client visiting an office building, or a hotel guest.

What Responsibilities Are Owed To An Invitee?

The owner or party in control of the premises holds a duty to you as an invitee. This duty encompasses not only the obligation to warn about or rectify unreasonably dangerous conditions that they are aware of, but it also includes the duty to reasonably inspect for and identify unreasonably dangerous conditions, warning you or taking measures to make those conditions safe. Even if the dangerous condition is open and obvious, you retain the right to pursue legal action, but the owner or possessor may argue that a percentage of your slip and fall injuries (up to 100%) resulted from your own negligence. Ultimately, if the parties cannot reach a settlement, it falls to the jury to allocate percentages of fault.

Keep in mind: The recovery for a dangerous condition that is open and obvious may be impacted. For instance, if you slip and fall in a puddle of water clearly marked off by three bright orange cones, your chances of recovering damages are unlikely. However, if no cones were present, and you slipped due to a yellow substance on a white floor, jurors might determine that the store should have identified the dangerous condition, but you also should have noticed it, leading to a potential 50/50 apportionment of fault between the parties.

Who Qualifies As A Licensee In A Premises Liability Case?

A licensee is someone granted permission to be on property that is not open to the general public. This permission can be either express or implied, and it is typically for a purpose other than commercial. Examples include being on the work premises, holding a ticket to enter a sports arena or stadium for an event, or attending a social gathering at someone’s home or private party.

What responsibilities are owed to a licensee?

The owner (or the person in control of the premises) is obligated to warn or remedy unreasonably dangerous conditions of which they have actual knowledge. However, there is no duty to inspect for hazardous conditions. Additionally, if you are deemed comparatively negligent as a licensee, the likelihood of recovering damages diminishes. Understanding your status is crucial in these situations.

Who Is Considered A Trespasser?

You are classified as a trespasser if you lack any legal right to be on the premises or are there without any permission, whether express or implied.

What responsibilities are owed to a trespasser?

Essentially none. The only practical exception is for an attractive nuisance, such as a child being drawn to a neighbor’s water slide, and the neighbor fails to secure access to it.

HOW DO YOU PROVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF A HAZARDOUS CONDITION?

Establishing that the responsible store or establishment had actual knowledge of a dangerous condition in a Fort Worth slip and fall claim is often challenging but not impossible. Here are situations where actual knowledge could be alleged:

Employee Statements:

If an employee admits they knew about the dangerous condition before your fall.

Store Or Employee Created The Dangerous Condition:

Actual knowledge is presumed if the store or one of its employees created the dangerous condition. For instance, if a McDonald’s employee mopped the customer restroom and failed to place a yellow warning sign before leaving, and you subsequently slipped and fell, actual knowledge may be presumed. Demonstrating that the floor was freshly mopped would be crucial, perhaps suggested by a uniformly wet floor.

Circumstantial Evidence:

Actual knowledge might be demonstrated by evidence that an employee attempted to clean up a spill but did so negligently. For example, our Fort Worth slip and fall attorneys represented an elderly woman injured at a movie theater. Witness statements indicated paper towels were on the floor near the spill, suggesting an employee attempted cleanup but failed to eliminate all hazards before our client’s fall.
Video Footage:

Many businesses have surveillance camera systems. Our attorneys can request video footage of the slip and fall incident, if available, to determine if any store employee(s) walked by the spill.
If you are an invitee, you don’t necessarily have to prove the store or business had actual knowledge of a dangerous condition to recover damages. You only need to demonstrate that the store or business should have known about the hazardous condition and failed to warn you or make it safe.

Examples:

Proximity To The Spill

Consider the proximity of a store employee or agent of the at-fault party to the location where you fell immediately before the incident. If there was such proximity, you can argue that the employee or agent should have detected the hazardous condition. For instance, if a grocery store employee was stocking items in the same aisle where your fall occurred. Additionally, if employees were positioned near the incident site or had a clear view before the occurrence, it becomes more plausible to suggest that the spill should have been addressed or that a warning cone should have been placed near it.

Keep in mind: Many retail employees are obligated to monitor their surroundings to identify potential hazards. Numerous establishments have established policies and procedures for managing spills. For instance, it’s common for employees who discover a dangerous condition to “guard” it until they can get the attention of a co-worker for assistance. Some establishments also instruct employees to place store products or merchandise around the spill to ensure customers are aware of it until it can be addressed.

Conspicuousness Of The Spill

Consider the size of the spill. It is evidently more reasonable to assert that a store employee should have noticed a large pizza-sized puddle of water compared to a single drop on the floor. Also, take into account the color of the liquid on the floor. It is evidently more plausible to argue that a store employee should have detected a red-tinted liquid as opposed to a small amount of clear liquid on a white tile floor.

Passage Of Time

The progression of time can serve as evidence to establish constructive knowledge of a hazardous condition.

Examples:

• If a 2-foot-long trail of water from a leaking freezer leads to a basketball-sized puddle, it could be inferred that the water was on the floor for an extended period.
• If you slip and fall on ice cream on the floor, and the ice cream had congealed prior to your accident.
• If you trip and fall in a deep pothole in the parking lot—given that potholes do not form instantaneously.

How Can Our Attorneys Assist?

Establishing constructive notice poses challenges and necessitates a thorough discussion of the specific facts and circumstances of your case. Mullen & Mullen in Fort Worth boasts extensive experience in analyzing case details to demonstrate the required notice. Our law firm employs two full-time accident investigators to assist in gathering the evidence essential for the proper development of your case.

Does The Purpose Of Your Presence At The Premises Affect The Obligations Owed To You?

Certainly. Your classification as an Invitee, Licensee, or Trespasser determines the duties owed to you by the responsible party or parties.

Keep in mind: If you are an Invitee (such as when shopping at a grocery store or dining at a restaurant), the responsible party is obligated to warn you about known dangerous conditions and/or rectify them. Additionally, there is a duty to discover dangerous conditions on the premises and warn you about or rectify those conditions. If you are a Licensee (for instance, a social guest at someone else’s home), the responsible party only has a duty to warn you about known dangerous conditions and/or rectify those conditions.

Remember: The duty to rectify and/or the duty to warn may vary from case to case. For example, in a slip and fall accident involving water on the floor, the duty to warn includes placing an orange cone or yellow “wet floor” sign near the spill. The duty to rectify involves having an employee clean up the spill. If the hazardous condition is a pothole, the duty to warn includes placing a sign near the pothole to alert customers to its presence, while the duty to rectify involves repairing the pothole to ensure a uniform parking surface.

OBTAINING MEDICAL TREATMENT OR THERAPY AFTER A SLIP AND FALL ACCIDENT

If You Don’t Have Health Insurance, Or Money To Pay Your Deductible, Can You Still Get Medical Treatment Or Therapy?

Yes. Our lawyers understand millions of Americans still lack health insurance. Mullen & Mullen also realizes the high cost of medical services and outrageous deductibles could limit your ability to get the medical care you need and deserve. Our law firm has relationships with a variety of medical professionals who specialize in treating accident injury victims.

Will You Be Required To Pay For These Services At The Time They Are Performed Or Rendered?

No. The medical professionals and organizations our lawyers have relationships with will not bill you for services until the conclusion of your premises liability claim.

What Are Common Injuries People Sustain In Slip And Fall Accidents?

The following injuries are fairly common in claims where clients have been injured at a work site, office building, apartment complex, department store, grocery store, convenience store, restaurant, or other retail establishment:

1. Herniated discs
2. Disc extrusions
3. Spinal injury requiring a fusion or discectomy;
4. Torn meniscus of the knee;
5. Torn rotator cuff;
6. Concussion;
7. Sprain/Strain of the spine;
8. Fractured or broken bones.

Of course, people can get injured in countless ways and sustain various injuries from falls. The above list is not exhaustive.

How can our lawyers help?

Mullen & Mullen in Fort Worth will establish the mechanism of your injury. How you fell and/or landed and/or the positioning of your body can impact your claim value.

OBTAINING A LAW LOAN

Can You Receive An Advance On Your Case In Exchange For An Interest In Potential Settlement Proceeds?

Certainly. However, most legal funding companies tend to be more cautious about advancing money on premises liability and negligent activity cases compared to motor vehicle collision cases.

How Our Lawyers Can Assist:

Most legal funding companies require you to have an attorney before advancing money. Mullen & Mullen has established relationships with legal funding companies that trust our ability to assess premises liability and negligent activity cases, ensuring you can receive the immediate financial assistance you need.

DETERMINING COMPENSATION

The amount of compensation depends on the following criteria:

Present And Future Medical Bills:

You’ll be compensated for reasonable present and future medical bills related to your injury, assuming the defendant is responsible. For instance, if you have soft tissue injuries, clinic records may indicate the need for future maintenance visits. For catastrophic injuries, a certified life care planner may be required to establish future medical costs.

Lost Earning Capacity:

If, for example, a painter sustains severe shoulder injuries preventing them from ever painting again and had planned on painting for another 10 years, the loss of earning capacity would be calculated as the difference between their previous income and the new desk job, discounted to net present value.

Lost Wages:

This category compensates you for the time missed at work due to your injuries for which you were not paid.

Pain And Suffering:

This category is the most unpredictable among all potential award amounts. It resides in a nebulous area, subject to considerable debate.

Certain jurors might use economic damages as a kind of “starting point” when deliberating on non-economic damages like pain and suffering, mental anguish, and physical impairment.

For instance, if your slip-and-fall results in a lifelong limp, you might receive compensation equivalent to five times the value of your medical bills. Conversely, if your recovery is expected within a month, this multiplier could be as low as one times the value of your medical costs or even less.

Attorneys and insurance adjusters often engage in debates over these numbers, making them inherently unpredictable. Therefore, consider these examples as illustrations rather than rigid rules.

While articles and damages calculators can offer a rough estimate of potential pain and suffering compensation, it’s essential to note that at Mullen & Mullen, we reject the notion that an arbitrary amount of medical bills should influence your case, especially in instances of catastrophic injuries. A recent case settlement, for example, amounted to 2.6 million dollars (utilizing all available policy limits), despite the client’s recoverable medical bills being only slightly above six figures. The severity of the injuries justified pursuing the full policy limits, regardless of the specific medical bill amount.

Loss Of Consortium (Impaired Relationship With Family Members)

An illustrative case involves a man who fell from improperly constructed scaffolding, resulting in numerous fractured bones and impotence. In this situation, he received financial compensation for the loss of his ability to have a sexual relationship with his wife.

While Loss of Consortium claims typically do not result in substantial awards, exceptional cases, such as the one mentioned above, can be an exception.

The Influence Of Attorney Skill

From a legal standpoint, there is no law directly linking the skill of your attorney to the final compensation amounts you may receive.

It’s undeniable that some attorneys possess superior skills compared to others. Therefore, selecting an attorney (as the decision ultimately lies with you) whom you trust completely and who has your best interests at heart is crucial. You are not obligated to hire the first attorney you consult, regardless of any perceived pressure. Reputable injury attorneys prioritize your well-being and do not push for immediate decisions.

Did the incident occur on privately owned commercial property accessible to the public?