INJURED IN A SLIP, TRIP, OR FALL?
NO FEES UNLESS YOU COLLECT
In the last 3 years, we’ve made TopVerdict’s annual Texas “Top 50 Personal Injury Settlements” list 43 times.
If you were injured in a slip and fall accident, our skilled St. Louis attorneys are prepared to vigorously advocate for your rights. In fact, our firm consistently obtains top results on premises liability cases for clients injured by whatever means while on someone else’s property including retail stores, office buildings, apartment buildings, construction sites, and other commercial establishments.
Mullen & Mullen is consistently recognized by TopVerdict for obtaining some of the largest recoveries in the entire state of Texas. In the last 3 years our firm made the Texas “Top 50 Personal Injury Settlements” list 43 times. Our stellar results allow us to offer a below industry standard 29% pre-suit contingency fee which means more money in your pocket.
Our experienced local team has an incredibly strong work ethic and truly cares. We’ve been privileged to serve North Texas for over 40 years. This is our backyard. Call (314) 465-8733 now for a free consultation and some excellent advice.
When many individuals think about premises liability cases, the first thing that comes to mind is often “slip and fall” incidents. However, it’s important to note that this represents just one category of premises liability cases. A valid premises liability case can arise when someone sustains an injury while on another person’s property due to the property owner’s negligence. Our law firm regularly represents individuals who have been injured in various settings, including retail stores, office buildings, construction sites, and other commercial establishments.
For instance, I recall a case in which we were contacted by a kind elderly client who was uncertain about the viability of her premises liability claim. All she knew was that she had slipped in a water puddle inside a grocery store, without understanding its origin, and lacking evidence that the store’s employees were aware of it. To prevail in her case, we needed to establish that the store had constructive notice of the hazardous condition. This involved analyzing the combination of factors such as proximity, conspicuity, and longevity.
In most premises liability cases, you must demonstrate three key elements: (1) the existence of a hazardous condition that was not readily noticeable, (2) that the property owner or controller should have known about it, and (3) their failure to warn or remedy the danger. Proving that the owner or controller either created the hazard or had “actual knowledge” of it can be challenging. Consequently, many premises liability cases hinge on whether the defendant(s) had “constructive notice” of the dangerous condition, which essentially means it’s more likely than not that the condition existed long enough for the property owner or controller to discover it reasonably.
Promptly securing critical evidence is crucial in premises liability cases, and we pride ourselves on offering two full-time investigators whose services are provided at no cost to our clients. This ensures that essential evidence can be collected and developed.
If you’ve been injured on someone else’s property or at a business establishment, it’s essential not to provide the insurance company with a recorded statement until you’ve allowed one of our experienced attorneys to prepare you to present the case in the most advantageous way for your interests. These cases can often be won or lost based on minor details.
Returning to the case of our elderly client, after an exhaustive question-and-answer session, we uncovered several key facts that bolstered her case. The water in question was situated near the cash registers where multiple employees were stationed (proximity). Additionally, after her fall, her entire back was wet, indicating a significant amount of water was present (conspicuity). Swiftly, one of our in-house investigators was dispatched to the store, securing photographs and videos that demonstrated a small soda fridge was slowly leaking near the location of our client’s fall. This evidence showed that the substantial puddle had formed over a significant period (longevity).
We invested the time and effort to unearth the truth of what had occurred and, as a result, achieved a favorable outcome for our deserving client. At the end of her case, she expressed gratitude for the excellent healthcare she received and was pleasantly surprised by the substantial recovery she obtained.
Gross Settlements Before Fees & Expenses
We have achieved numerous multimillion-dollar settlements across all practice areas, but we are restricted from displaying some very large results due to settlement confidentiality. Here are a few recent results without confidentiality agreements:
$6,150,000.00
Work Accident
$4,000,000.00
Wrongful Death
$2,978,104.95
Vehicle Accident
$2,550,000.00
Vehicle Accident
$2,550,000.00
Vehicle Accident
$2,250,000.00
Premises Liability
According to TopVerdict.com, our Dallas attorneys consistently achieve some of the highest recoveries in the state of Texas. As a matter of fact, in the last three years we’ve made their “Texas Top 50 Personal Injury Settlements” list 43 times. For example, in 2021 one of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. When you factor in our reduced 29% contingency fee, we are confident we will help you recover more. At Mullen & Mullen, we pride ourselves on routinely recovering full policy limits for our clients without the necessity of costly and time-consuming litigation.
We have access to state-of-the-art diagnostic technology through well-established relationships with medical doctors, surgeons, physical therapists, chiropractors, neurologists, counselors, and other healthcare providers in the entire DFW Metroplex. You receive the quality medical attention you need from local providers near where you live or work. These providers specialize in treating people hurt in accidents of all kinds and they know how to properly document injuries to meet the legal burden of proof in your personal injury case. These providers are also willing to delay billing collections until after your case is resolved so you can focus on recovering without additional stress. Physicians that don’t routinely treat accident victims as part of their practice usually turn away patients over fear of being involved in the legal process or fear of health insurance companies refusing to pay accident-related healthcare bills. Please call us at 214-747-5240 for a free consultation and some advice.
Even if you don’t have health insurance or can’t afford your deductible, Mullen & Mullen will secure you the quality healthcare and state-of-the art diagnostics you deserve with no upfront out of pocket costs.
Shane, Joseph and Regis have almost 100 years of combined experience practicing personal injury law. That doesn’t even include the combined experience of the attorneys that serve as of-counsel to Mullen & Mullen at no additional cost to our clients. Our firm continues to evolve, but we never forget our Core Values. We do the right thing, handle cases the way we would want our own case handled, and we truly listen to clients. We have over 40 years of local knowledge, and that matters!
Some lawyers forget that they represent the client, but we never have. Our legal team will make YOU the priority. You are the boss, and we will respond quickly to your requests for case updates and assistance. We guarantee that when you need to speak to your counsel, you will speak directly to your counsel, not to a paralegal or secretary, because that’s the way it should be.
Most firms hire an investigator to help develop evidence on your case and charge you back for that service. Our firm, however, has 2 full-time accident investigators on staff and we offer their services to you for free. This is another way we will maximize your compensation.
They say a picture is worth a thousand words. Video footage is worth a lot more. Our in-house videographer allows us to capture the true impact the accident has on your life beyond mere words on a piece of paper.
When necessary, Mullen & Mullen Law Firm uses cutting edge technology like 3D imaging videos to fully demonstrate the extent of our clients’ injuries to the insurance companies. This also helps maximize the value of your claim.
Mullen & Mullen’s attorneys live and work right here in Dallas, and always have. We believe in paying our success forward by helping people in the North Texas community, and are dedicated to supporting these local charities.
Our Managing Partner, Shane V. Mullen, has been handling personal injury cases for 21 years. He is “Top-rated” by Thompson Reuters who named him as a Texas Super Lawyer 3 consecutive years. Shane is also a lifetime member of both the Million & Multi-Million Dollar Advocates Forums, solidifying his expertise in handling significant cases. He is also an esteemed member of Rue Ratings’ Best Attorneys of America, further attesting to his exceptional legal prowess. Shane brings hard-won, battle born knowledge to your case.
With 18 years of personal injury experience, Attorney Joseph R. Morrison has established himself as a highly skilled legal professional. Notably, he served as counsel of record in a case that garnered recognition from VerdictSearch.com as a top 5 Premises liability (slip and fall) verdict in Texas. The defendant in this case was a Fortune 500 company with an annual revenue exceeding 11 billion. The specific case, Jeffrey Young v. ConAgra Foods, Inc., showcased Joe’s exceptional abilities in achieving favorable outcomes.
Joe is a distinguished member of The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers, solidifying his standing among the nation’s most esteemed legal practitioners. Furthermore, his membership in both the Million & Multi-Million Dollar Advocates Forums further attests to his expertise in handling substantial cases.
Both Shane and Joseph are lifetime members of the Million & Multi-Million Dollar Advocates Forums, meaning they have each settled cases in excess of two million. This solidifies their expertise in handling significant personal injury cases.
Our Founder, Attorney Regis L. Mullen, has 56 years of personal injury experience. Regis received his Admission to practice law in 1967. Previously a Litigation Supervisor at Allstate Insurance Company, he knows all the tactics liability carriers use to deny or reduce personal injury settlements. Drawing upon his profound comprehension of the inner workings of the insurance industry, Regis established a law firm dedicated to meeting the legal needs of injured individuals in North Texas.
Unfortunately, you can’t just focus on getting better from your slip and fall. While we’d like to tell you that, it’s simply not the case.
What you do in the moments after your slip and fall makes a big difference in the outcome of your legal claim, if you have one. Doing the wrong things may end up costing you a lot of money – or even your entire claim.
Remember, insurers and property owners can’t wait for you to make the slightest error. Make the wrong error that they later use to their advantage, and you might find yourself unable to file a legal claim. And that could mean you’re suddenly stuck with thousands of dollars in expenses you shouldn’t have to pay.
In addition, Missouri follows a “comparative negligence” approach when it comes to legal liability for a slip and fall. This means that you can be held partially responsible for your injuries. You can bet the insurer will look for any little bit of fault they can find on your behalf. And you can also bet this scrutiny increases as the potential value of your claim increases.
But you don’t have to be a victim in that regard. Instead, you can learn what to do and not do after your slip and fall ahead of time. That way, you protect your right to a claim. Here’s what you should watch out for:
You should go to the emergency room if you feel intense pain. If you try to ignore it or try to get away with just going to your doctor, you’ll probably end up in the emergency room anyway. If you have minor pain, you can likely wait to go to your primary care doctor the next day.
However, in general, understand that every day you wait harms your health and reduces the amount you can recover. Insurers may also take this delay and argue that you weren’t even injured. And they have a reasonable chance at succeeding with that argument.
Also, understand you’ll feel tempted to just “pull yourself up by your bootstraps” and move on. That attitude serves you well in many areas of life. However, it’s one to avoid when you slip, fall, and get hurt. Take care of yourself. Find out what your injuries are by engaging the medical system in the most sensible way possible, take care of your health, and protect your right to a legal claim.
Won’t they write up their report in their own favor so they can minimize what they might have to pay later on? Maybe. Regardless, you should report your slip and fall to the property owner. It’s simply something that responsible slip and fall victims do. And it generally serves as excellent evidence to support your claim later on. If you don’t make a report, or if you don’t make one within 24 hours, that arouses the suspicion of the jury, if your claim goes to court. And you might find yourself awarded much lower compensation, or even none, as a result.
Again, the goal here is to preserve evidence for use later on. If you don’t get a copy of your report immediately, it can magically get “lost” or destroyed. In addition, the property owner may fix the dangerous condition that caused your slip and fall and then try to say that you made up your story.
This one’s hard to mess up. The only wrong thing to do is to take too few images. But with today’s smartphones, you should have no problem taking all the photos and videos of the accident scene that you need. At minimum, you should have many photos of where you fell and anything that you feel contributed to your fall (spilled liquids, misplaced signs, a rolled-up carpet etc…). If you feel too hurt, try to get someone to take the images for you. Most people are happy to help someone caught in an emergency. Make sure to guide them into taking the photos you need to preserve your claim.
You don’t need to contact a lawyer the day after your slip and fall. However, you should contact one as soon as you can after your accident happens. This protects your rights to a legal claim and max compensation, should you be able to pursue those. It also gives the defendant minimal time to “lose” or destroy evidence. The very worst that happens is that you find out that you either don’t have a claim or that you’ll have to represent yourself. On the other hand, you may learn you’re entitled to a nice amount of compensation for your injuries. The bottom line is to simply not put your claim at risk by waiting too long to file it.
Unfortunately, you do have to play a little detective if you slip and fall. But not too much. If you’re able, try to determine the cause of your slip and fall. It goes a long way in winning your claim later. An example would be understanding what made the carpet stick up a little bit such that it caused you to trip and fall. Did another customer kick it up by accident? Do everything you can to get this information. Use your phone to narrate a video detailing the cause.
Missouri law is not on the side of slip and fall victims. So, unfortunately, that means you must do even more detective work if you want the best opportunity at winning the most money possible for your injuries. Fortunately, it’s not a lot of work to determine how long the dangerous condition that led to your injuries might have existed. Property owners are allowed some time to remedy “dangerous conditions.” However, that length of time is unclear. So, you have to gather the information you can prove the length of time the dangerous condition could have existed.
When you do engage the medical system, they’ll likely give you some actions to follow through with on your own. You might have physical therapy work to do at home. You may have to see other specialists.
It’s important, and we can’t stress this enough, that you follow through on additional appointments or doctor’s orders.
If you don’t, the insurer can say you “failed to mitigate damages.” If the insurer successfully argues you failed to do so, that may remove from them the responsibility to pay for certain damages. This could end up being a lot of money that you should have.
And remember, following through on any additional work also protects your health too. So, it’s simply the smartest thing you can do.
Remember, they are witnesses too. However, guess whose side they’ll be on! Discussing your slip and fall with the defendant and anyone associated with them may give away the cause of your accident. As a result, evidence supporting your claim may become “lost” or destroyed. Maybe that won’t happen either…who knows? But certainly, nothing good will come from you discussing your claim with the defendant and any parties associated with them.
The longer you wait, the more likely it is that you will ultimately recover less compensation or lose your entire claim later. This gives the other party more time to “lose” or destroy evidence. Though legally obligated to preserve evidence, defendants do frequently “lose” or destroy it anyway. The faster you act, the less time they must do this. And, not having evidence they should have preserved may also make them look guilty.
The testimony of just a single witness can be more than enough to swing a claim strongly in your favor. So, get the contact information of all witnesses at the scene of your slip and fall. Have them text it to you from your phone. Do it this way because handwriting can become illegible and asking people to text you from their phone could result in them not following through or texting to the wrong phone number. Texting their name, address, and phone number from your phone and to your phone eliminates the potential for this information to become lost.
Regardless of how the defendant’s insurer presents themselves, understand they are in no way on your side. They make money by not paying for damages that they should. So, their only goal is to get you to say something that hurts your claim, so they don’t have to pay as much…and ideally nothing at all. In addition, you’d be surprised as to what kinds of meanings they can twist out of the words you say. Even factually accurate statements can suddenly become your worst enemy. So, best just to avoid talking to the insurer at all. Missouri law doesn’t require it. So, you’ll be better off by avoiding any discussion with them whatsoever.
Again, the insurers are only out to get you. They have no interest in doing you right. If they offer you money, it’s most likely way less than you could get if you opted to fight for a settlement with the help of a slip and fall lawyer. They know the allure of some money now can be greater than having more money later. So, they try to get you caught up in that excitement so they can get away with paying you as little as possible. Always let a slip and fall lawyer look at any paperwork the insurance company sends you. The very worst that happens is that the lawyer tells you to accept the offer.
You really can’t overdo this. At worst, a slip and fall lawyer simply ignores the information you gathered that won’t be helpful to your claim. If you’re not a comfortable writer, shoot as many videos as you want regarding your situation. The point here is that you want a detailed record of exactly what happened as best you recollect it. While you may have filled out an accident report, you can’t necessarily count on that alone. Property owners will “lose,” destroy, or even alter reports and circumstances so they don’t have to pay you as much. So, always make sure you have your own record of what happened as well.
The law is not on your side.
The legislative and judicial landscape in Missouri has created significant challenges for victims seeking damages in slip and fall or premises liability cases. Generally, establishing liability involves demonstrating that the responsible party either knew or should have known about a hazardous condition, and that they had a legal obligation to either warn about the danger or take measures to make the premises safe. The duty owed hinges on whether you are classified as an Invitee or a Licensee while on the property.
Mullen & Mullen Law Firm has successfully represented numerous premises liability clients, securing millions in settlements for individuals who have suffered physical injuries at various locations, including office buildings, apartment complexes, restaurants, department stores, convenience stores, grocery stores, and retail outlets like Walmart.
With substantial financial resources, comprehensive knowledge, skillful expertise, and extensive experience, our St. Louis-based attorneys are well-equipped to meticulously develop your case. We are committed to establishing the necessary facts to secure a settlement for your slip and fall injury.
The first thing to establish is if you have a premises liability claim or a negligent activity / active negligence claim. This short video explains the difference between the two.
To succeed in a negligent activity claim, you only need to establish the following:
Illustration of a negligent activity claim:
Imagine you’re browsing merchandise in a grocery store when, inattentively, an employee accidentally pushes a line of shopping carts, striking you in the back and causing you to fall. In this scenario, your injury coincides and/or is contemporaneous with the negligent act. To establish a breach of the duty of care, you simply need to demonstrate that a reasonably prudent store employee would have exercised caution while maneuvering a long chain of shopping carts. Arguments can be based on common sense, adherence to store training policies and procedures, and efforts to elicit an acknowledgment from the employee regarding the lapse in attention.
Imagine you’re at Wal-Mart to purchase some chips. As you round the corner to the chip aisle you suddenly slip and fall due to a wet floor. When you recover from the initial shock of the incident you realize the floor near where you fell us uniformly wet as if it had recently been mopped. While walking to find an employee to report the incident to you notice a Wal-Mart employee is mopping the floor the next aisle over suggesting said employee had mopped chip aisle before proceeding to the next and had failed to leave a wet floor sign to indicate the presence of a dangerous condition. In this situation the wet floor is the dangerous condition and it was created by the Wal-Mart employee suggesting they had actual knowledge of the condition and failed to warn you of it.
Absolutely. Witnesses can be pivotal in determining the outcome of a slip and fall case in St. Louis. It is essential to gather information from all potential witnesses, as their testimony can often be used to show that the store was aware of, or should have been aware of, a hazardous condition.
Remember: Even if there were no witnesses to your slip and fall incident, you can still establish the necessary facts to support and succeed in your personal injury claim. In many instances, your own testimony alone can suffice to establish the facts supporting your claim for damages.
It could. Consider a scenario where there is a puddle of water on the floor in a store, constituting a dangerous condition. If two employees were near the puddle, it becomes more plausible to argue that the employees either knew of the water on the floor 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 occupy a main aisle or section of the store? Was there any indication of employee presence in the vicinity just before your fall?
Mullen & Mullen Law Firm represented a woman injured at Walmart. She slipped and fell in a puddle of water from a ceiling leak. Our lawyers contended that the area where she fell was within the line of sight of three employees, based on the evidence gathered.
Our St. Louis lawyers represented a man who slipped and fell at a 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—located near the water—indicated that a store employee had been in the aisle before our client’s fall and should have identified the hazardous condition.
It could.
For instance, if a store manager admitted to instructing one or more employees to address a spill before your fall, it would necessarily imply that the store, through its employee(s), had actual knowledge of the hazardous condition. At times, statements can establish constructive notice—indicating that the store should have discovered the dangerous condition.
Keep in mind: Constructive notice can be established in various ways. For instance, if the puddle you slipped in had multiple “tracks” through it, one could argue that the puddle had been present long enough for multiple people to encounter it and should have been discovered.
An illustration: We previously discussed the case of a woman we represented who was injured at Walmart when she slipped and fell in a puddle of water that leaked from the ceiling. Our St. Louis slip and fall lawyers also demonstrated that multiple employees had a view of the aisle in question. Mullen & Mullen had to establish that the puddle of water existed long enough for the store employees to have discovered it. Our attorneys argued that the size of the puddle (equivalent to a medium pizza) and the slow leak (dripping every 3-4 seconds) necessarily indicated that the puddle had accumulated over an extended period.
The potential parties responsible for your injuries may vary depending on the type of establishment where the incident occurred. For instance:
The owner of the building and the occupier of the premises are potential parties, depending on the nature of the alleged dangerous condition.
Potential parties may include the owner of the apartment complex and a property management company.
The owner(s) of the home or tenants may be potential parties. It’s important to note 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.
Certainly. Your legal status as a visitor on the property determines the obligations owed to you by potential responsible parties. Additionally, it influences whether comparative negligence could impact your ability to recover damages.
An invitee is essentially an “invited guest.” You assume the status of an invitee when you are on the premises or at a business by invitation. This invitation can be either direct, as in an explicit invitation, or implied, such as the expectation to enter stores, restaurants, and other establishments open to the public for shopping, eating, or entertainment purposes.
Illustration: You visit Best Buy with the intention of buying a television. While in the store, you slip and fall, causing an injury. In this scenario, you would be categorized as an “Invitee” 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 is mutually beneficial to them; they wanted you to enter and buy a television or another product.
Another Example: If you enter a gas station solely to use the restroom without any intention of making a purchase, you would not be classified as an Invitee.
Typical invitee scenarios encompass a shopper in a store (as in the Best Buy example), patrons at a restaurant, a client visiting an office building, or a hotel guest.
The owner (or whoever controls the premises) owes you, as an invitee, the duty not only to warn about or rectify unreasonably dangerous conditions they are aware of but also to reasonably inspect for and identify unreasonably dangerous conditions. They are obligated to warn you about these conditions or make them safe. Unless the dangerous condition is open and obvious as a matter of law, you still retain the right to pursue legal action as an Invitee. However, the owner or possessor is always free to argue that a percentage (up to 100%) of your slip and fall injuries were your own fault, alleging negligence on your part. In case the parties cannot agree on a settlement, the jury ultimately determines the percentage of fault assigned.
Please note the Defendant is not entitled to judgment as a matter of law unless the risk of harm from the open and obvious condition existed “solely” due to your failure to exercise due care. Even if a condition is open and obvious a determination must still be made as to whether the landowner or occupier should have known that a risk of harm existed even if you exercised due care.
The Missouri Court of Appeals has indicated that – for a condition to be open and obvious – it must be either a regular condition of the land or a large structure. The Missouri Court of Appeals cited many Missouri cases in which trip hazards on walking surfaces were determined not to be open and obvious. Remember: Just because you could have seen an unobscured dangerous condition does not make it open and obvious as a matter of law. The obviousness of a dangerous condition is a factor to be considered when evaluating comparative fault.
It’s essential to remember that the recoverability of damages is impacted if a dangerous condition is open and obvious. For instance, if you slip and fall in a puddle of water that has been marked off by three bright orange cones, your chances of recovering damages are unlikely since that could be determined to be open and obvious as a matter of law / you could be found 100% negligent for the incident. On the other hand, if there are no cones, and you slip due to a yellow substance on a white floor, jurors might decide that the store should have identified the dangerous condition, but you should have also noticed it, possibly apportioning fault 50/50 between the parties.
A licensee is an individual on property that is not open to the general public, where the property owner has either explicitly or implicitly granted permission to enter, typically for a purpose other than commercial activities. Examples encompass being on-site at work, requiring a ticket for entry to a sports arena or stadium to watch a game, and attending a social gathering at someone’s home or private party.
The owner (or whoever controls the premises) is obligated to warn or rectify unreasonably dangerous conditions they are aware of concerning licensees. However, they are not obligated to inspect for dangerous conditions. Furthermore, if you are deemed comparatively negligent as a licensee, the likelihood of recovering damages diminishes. Recognizing the critical nature of your status is key.
A trespasser is someone with no legal right to be on the premises or lacks any form of permission—whether express or implied.
Essentially none, with a notable exception being the concept of an attractive nuisance. For instance, a child attracted to a neighbor’s water slide, where the neighbor fails to secure access, might present a practical exception. Please note natural conditions such as a steep river bank or lake would not qualify as an attractive nuisance.
Establishing that the at-fault store or establishment had actual knowledge of a dangerous condition in a St. Louis slip and fall claim can be challenging but not insurmountable. Below are situations where actual knowledge could be alleged:
If an employee confesses to knowing about the hazardous condition before your fall.
Actual knowledge is presumed if the store or one or more employees created the dangerous condition. For instance, if a McDonald’s employee mopped the customer restroom without placing a warning sign, and you slipped and fell, actual knowledge could be presumed. Demonstrating the freshly mopped floor is essential, possibly through uniform wetness.
Actual knowledge might be demonstrated by evidence that an employee attempted to clean up a spill but did so negligently. For instance, if witness statements indicate paper towels were left on the floor near a spill, it suggests an employee tried to clean it up but failed to eliminate all hazards before your fall.
Many businesses have surveillance camera systems. Legal representatives can request and examine video footage of the slip and fall incident to determine if any store employee(s) were aware of the hazardous condition.
If you are an invitee, you don’t necessarily have to prove actual knowledge of a dangerous condition to recover damages. It suffices to show that the store or business should have known about the hazardous condition and failed to warn you or make it safe.
Consider the proximity of a store employee or agent of the at-fault party to the location where you fell immediately before your accident. If such personnel were nearby, you can argue that they should have identified the hazardous condition. For instance, if a grocery store employee was stocking items in the same aisle where you fell, their presence makes it more plausible for them to have noticed the condition. Additionally, if employees were stationed close to or had a clear view of the area where you fell before the incident, it becomes easier to contend that the spill should have been addressed, or at the very least, they should have warned by placing a caution cone near the spill.
Keep in mind: Retail employees typically have a duty to actively monitor their surroundings for potential dangers. Many establishments have established policies and procedures for handling spills. For example, employees who discover a hazardous condition might be instructed to “guard” it until they can alert a co-worker for assistance. Some establishments may direct employees to place store products or merchandise around the spill to ensure customers are aware of it until it can be addressed.
Consider the size of the spill. It is obviously more reasonable to argue that a store employee should have noticed a large puddle of water equivalent to the size of a pizza compared to a single drop on the floor. Additionally, the color of the liquid on the floor is a factor. It is more plausible to argue that a store employee should have identified a red-tinted liquid rather than a small amount of clear liquid on a white tile floor.
The elapse of time can serve as evidence for establishing constructive knowledge / notice of a hazardous condition.
Examples:
Proving constructive notice can be intricate and necessitates a thorough examination of the specific facts and circumstances of your case. Mullen & Mullen in St. Louis boasts extensive experience in scrutinizing case details to establish the requisite notice. Our law firm employs two full-time accident investigators to assist in collecting the evidence needed to effectively build your case.
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 at-fault party is obligated to warn you about known dangerous conditions and/or make such conditions safe. Additionally, they have a duty to identify dangerous conditions on the premises, warn you about them, and make them safe. On the other hand, if you are a Licensee (e.g., a social guest at someone else’s home), the at-fault party’s duty is limited to warning you about known dangerous conditions and/or making those conditions safe.
Also, remember: The duty to make safe and/or the duty to warn will vary depending on the case. For instance, in a slip and fall accident involving water on the floor, the duty to warn might include placing an orange cone or yellow “wet floor” sign near the spill. The duty to make it safe 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, while the duty to make safe involves repairing the pothole to ensure a uniform parking surface.
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.
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.
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:
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 St. Louis 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.
Certainly. However, most legal funding companies are more cautious about advancing money on premises liability and negligent activity cases compared to motor vehicle collision cases.
Many legal funding companies require you to have an attorney before advancing money. Mullen & Mullen has cultivated relationships with legal funding companies that trust our ability to evaluate premises liability and negligent activity cases, ensuring you receive the immediate financial assistance you need.
It depends on the following criteria:
You’ll be compensated for reasonable present and future medical bills related to your injury, assuming the defendant is indeed responsible.
For instance, if a painter sustains severe shoulder injuries that prevent them from ever painting again, leading to a lower-paying desk job, the loss of earning capacity is calculated based on the difference in income and the planned work years, discounted to net present value.
Compensation for the time you actually missed at work due to injuries for which you did not get paid.
This aspect of compensation is the most unpredictable and often subject to interpretation.
Certain jurors may use economic damages as a starting point when deliberating non-economic damages such as pain and suffering, mental anguish, and physical impairment.
For instance, if a slip-and-fall results in a permanent limp, you might be awarded compensation up to five times the value of your medical bills. Conversely, if your recovery is expected in a month, this multiplier could be as low as one times the value of your medical costs or even less.
These figures are a matter of debate between attorneys and insurance adjusters and are challenging to forecast. Consider these examples as illustrative rather than strict guidelines.
While articles and damage calculators can offer a ballpark estimate of potential pain and suffering compensation, it’s important to note that at Mullen & Mullen, we believe that the significance of catastrophic injuries goes beyond arbitrary medical bill amounts. We recently settled a case pre-suit for 2.6 million dollars (utilizing all remaining available policy limits) where the recoverable medical bills were only slightly above six figures. In this instance, the serious nature of the injuries warranted insistence on the full policy limits, irrespective of the specific medical bill amount.
From a legal standpoint, no law directly considers the attorney’s skill in determining the final compensation amounts.
The competency of attorneys varies, and it is crucial to select an attorney you trust completely and believe has your best interests at heart. As the client, you have the autonomy to choose the attorney you wish to hire, and there is no obligation to rush this decision, regardless of any external pressure. Reputable injury attorneys do not coerce you into immediate decisions but prioritize your well-being and understanding of the legal process.
Let’s address the most common scenario: you find yourself legally present on someone else’s private property, often a sizable retail establishment. The good news is that in this situation, there is no ceiling on damages. Presently, Texas only imposes caps on damages in medical malpractice cases to control insurance premiums for doctors and subsequently keep medical expenses in check. However, it’s important to assess the profitability of the at-fault party when insurance policy limits are in consideration.
The recoverable damages vary depending on the specifics of each case. Economic damages refer to those that are easily quantifiable. Typically, the following economic damages can be pursued:
Illustrative Example: Consider a scenario where a truck driver sustains injuries in a fall that renders him unable to sit for extended periods. In such a case, continuing employment as a truck driver becomes improbable, and a more light-duty job that involves standing may be necessary. If the disparity in earnings between the truck driving job and the new position is $40,000.00 annually, the entitled compensation would be the pay difference multiplied by the expected remaining work years. This represents the lost earning capacity, discounted to its net present value.
The recoverable damages vary depending on the specifics of each case. Economic damages refer to those that are easily quantifiable. Typically, the following economic damages can be pursued:
Consider a scenario where a truck driver sustains injuries in a fall that renders him unable to sit for extended periods. In such a case, continuing employment as a truck driver becomes improbable, and a more light-duty job that involves standing may be necessary. If the disparity in earnings between the truck driving job and the new position is $40,000.00 annually, the entitled compensation would be the pay difference multiplied by the expected remaining work years. This represents the lost earning capacity, discounted to its net present value.
Which non-economic damages may be pursued depends on the particulars of the case. Non-economic damages are those that are not easily quantifiable. Generally, the following non-economic damages can be sought:
Contact our attorneys today to delve into the specifics of your potential claim. Discover how our law firm, with over 40 years of experience, can provide assistance fully tailored to your unique situation. Call (314) INJURED now or use the form below to request a free consultation. There is never a fee unless we obtain a financial recovery for you.
In life, there’s often a difference between how we perceive things to work and how they truly operate. Rather than discovering late in the process that slip and fall claims function differently than assumed, it’s beneficial to learn in advance.
You may not require an immediate emergency room visit, but reporting the incident to your doctor and seeking a prompt checkup is advisable. Serious injuries, such as traumatic brain injuries, might not manifest immediately, and adrenaline can mask injuries. A general checkup can help identify hidden issues.
Media often sensationalizes and distorts the reality of slip and fall claims. Most victims seek fair compensation to maintain their quality of life. Pursuing a claim legally is not about greed but about securing rightful compensation.
Entitlement to compensation depends on proving that the property owner knew or should have known about a dangerous condition but failed to address it. Texas law makes claim proof challenging, making the process more complex than a mere injury on someone else’s property.
Contrary to intuition, settling quickly is not advantageous. Insurers may offer fast settlements to pay less. Waiting and allowing a slip and fall lawyer to assess the situation often result in a more favorable outcome. Settling without understanding the full extent of injuries and damages is unwise.
The potential compensation hinges on factors like medical costs, lost wages, pain, suffering, and loss of consortium. Consulting a lawyer ensures you’re aware of potential compensation that could significantly impact your quality of life.
While instances of fraudulent claims exist, they are rare. The majority of slip and fall victims are honest individuals seeking fair compensation for genuine injuries. Legitimate claims are the focus of reputable legal representation.
The appearance of a floor doesn’t necessarily correlate with slipperiness. Floor maintenance and care play a more significant role in determining slip resistance.
While slip-resistant flooring is generally safer, excessive tackiness can lead to slips and falls. Balancing slip resistance is crucial for floor safety.
While you can decide how to handle the insurer’s offer, consulting a slip and fall lawyer is wise. Insurance offers are often lower than what a lawyer could secure, and they may not cover all related injury costs.
Warning signs pose challenges to your case but don’t guarantee an automatic loss. Factors like sign visibility and negligence can influence the outcome of a case.
With experienced slip and fall lawyers, court appearances are often unnecessary. Many cases settle during the demand negotiation process, prioritizing the client’s best interests.
Compensation can extend beyond physical injuries to include pain and suffering, mental anguish, and emotional distress. Seeking comprehensive compensation is essential for holistic recovery.
Navigating the aftermath of a premises liability injury requires careful consideration of actions and decisions. Missteps can jeopardize your claim, and insurers are vigilant for any errors that might diminish their payout. Understanding Texas’ “comparative negligence” rule, where partial responsibility can affect compensation, is crucial. To safeguard your claim, follow these guidelines:
Prompt medical care is vital. Delaying treatment may affect your recovery amount, as insurers could argue that delayed treatment implies no serious injury. Even if you feel fine initially, consult a doctor to assess potential injuries.
Adherence to medical advice is essential. Deviating from prescribed treatments might lead to claims of not mitigating damages, risking a significant reduction in compensation.
Timely reporting strengthens credibility. If immediate reporting isn’t possible, have a friend or family member report the accident. Prompt reporting enhances the perceived reliability of your claim.
Obtain a written copy of your incident report to prevent potential loss or disputes. Take a photograph of the report before submitting it, ensuring you have a record for your reference.
Swift legal representation is crucial. Delay allows the at-fault party to manipulate or lose evidence. Hiring an attorney promptly ensures preservation of all relevant evidence.
Comprehensive photographic documentation is invaluable. Capture close-ups and wide-angle views of the accident scene, highlighting factors contributing to the fall. If unable, delegate the task to a reliable person.
Witnesses play a pivotal role. Gather names, addresses, and phone numbers of witnesses, preferably via text on-site for immediate verification of their information.
Seeking legal counsel is crucial for maximizing your claim. Avoiding a lawyer puts you at a disadvantage, risking lower compensation or potential claim loss. Consult a lawyer before providing any recorded statements to insurance.
Refrain from providing recorded statements to insurers, as they may exploit your words later. Legal requirements do not mandate communication with the insurance company, preserving your rights.
Understanding the cause strengthens your claim. Identify the specifics—whether it was a spilled substance, recently mopped floor, or other factors contributing to the slip and fall.
Signing insurer documents without legal review risks accepting an unfair deal. Let a slip and fall lawyer assess the paperwork to ensure fair compensation.
Texas law considers the time property owners had to rectify dangerous conditions. Knowledge of how long the hazard persisted is crucial for claim viability.
Documenting your account, either in writing or through video, is essential. Relying solely on the accident report provided to the store owner is insufficient; maintain your comprehensive record.
Call (314) INJURED to talk to a St. Louis premises liability attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Missouri statute of limitations gives you just 5 years from the date of your accident to file a claim. BUT if you wait to contact a lawyer it may be too late to gather evidence. It’s critical to your potential claim to ACT FAST.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
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LICENSED BY THE STATES OF TEXAS & MISSOURI FOR THE GENERAL PRACTICE OF LAW. The information on this website is not intended to be legal advice. That can only come from a qualified personal injury lawyer who is familiar with all the circumstances and facts of your specific case and the law relevant to it.
