Slip and Fall
One of the most common injuries suffered on the job or on someone else’s property is a slip and fall. In order to get the case to a position to go to trial or be settled out of court, liability on the part of the property owner must be proved. In short, the plaintiff must show that the owner of a workplace or commercial property was negligent and it played a major part in causing an injury. This may be straightforward and easy to prove in other personal injury lawsuits but can be far more difficult in slip and fall cases. An experienced attorney is necessary to gather evidence, prove fault, and collect a fair settlement.
Claims from Slip and Fall in Baytown
In Baytown, you have a limited time to file a slip and fall claim in court. The state only allows two years from the date of the slip and fall accident to file a personal injury lawsuit in court, no matter when medical tests showed a serious injury. This statute of limitations does not affect the time in which you must file an insurance or workers comp claim, only a legal claim for a civil case. However, in Baytown it is helpful to show that the plaintiff has sought help from other parties for their injuries and is not just interested in filing suit.
Baytown and other Texas cities have a modified comparative fault law in order to decide how to settle a case if the victim is found to be partially at fault for the slip and fall. For example, having a few drinks at a bar may put you at risk for a slip and fall in a normal scenario but not if the owners of the bar had a wet floor, faulty railway, etc. The shared fault law may reduce or even remove the possibility of recovering damages. An attorney is best to represent you in these cases, especially should the defendant or defendants try to put part or all of the blame of the slip and fall on you.
Falling Down in a Public Building
If your Baytown slip and fall case involves the city, county, state, or other public building, the rules change. Plaintiffs are required to file a legal claim within six months of the incident. A lawyer who knows the Texas Tort Claims Act is best for representation in these types of cases. A few examples of public Baytown slip and falls include:
- Wet floor at the Department of Motor Vehicles
- Inadequate security at a courthouse
- Faulty railings at the post office
- Mislabeled barriers, fences, railings, etc at a police or fire station
- Unavailable handrails on a bus, train, monorail car, etc.