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slip-and-fall, New Braunfels personal injury attorneyWith slapstick banana-peel slips featured prominently in many comedy television shows and movies, many people assume that a slip-and-fall cannot be a serious injury. But the truth is much different. Each year, falls account for more emergency room visits than any other injury. Similarly, workplace falls account for more missed days and more workers’ compensation claims than any other cause of injury.

Strictly speaking, landowner liability claims are negligence cases: if the defendant breaches a legal duty, and that breach caused injury, the defendant is liable for damages. But slip-and-falls work a bit differently, at least in some respects.

Duty

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new alcohol liability law, dram shop law, Texas personal injury lawyerThe Texas Legislature is considering changes to the state’s dram shop liability law as it relates to alcohol-related car crashes and other personal injuries.

Grand Prairie Democrat Chris Turner recently introduced House Bill 409, which would require purveyors of alcoholic beverages to carry about 50 percent more insurance against the damages caused by their intoxicated patrons. Supporters claim that the proposal would decrease the number of alcohol-related crashes, because bars, restaurant, and hotels would use more caution when serving patrons. They also note that the additional insurance would mean added compensation for injury victims.

The House Licensing and Administrative Procedures Committee recently approved HB 409, and the full House is expected to take up the bill in the coming months.

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slip and fall casesOne of the most common forms of premise liability lawsuits are slip and fall cases. These types of lawsuits can emerge from almost any setting. As the National Safety Council reports, nearly 10 million emergency room visits per year involve slip and fall cases. Though the name might sound somewhat harmless, a slip and fall can result in broken bones, damaged ligaments, concussions, and many other injuries that may have long-lasting consequences. These often require expensive medical bills, time off of work, and physical rehabilitation before life for the victim returns to normal. Given the frequency and severity of these cases, many people are concerned about what exactly constitutes a slip and fall case. What Should I Do If I Have Fallen? After sustaining a fall, the first priority should be to seek medical help. Slip and fall cases are well known for causing serious injury that can only get worse if ignored. Health and well-being should always come first. It is incredibly important, however, to seek the counsel of an attorney afterward. This ideally should happen before speaking to any representatives of insurance companies and the property owners. Slip and fall cases are often intricate matters and can fall apart very easily if an honest mistake happens while reporting the incident to an insurance company. Many insurance companies will even attempt to frame a kind of “open and obvious” practice in order to demonstrate that the accident was really the fault of the victim and not a result of negligence on behalf of the property owner. Is My Case Considered a “Slip and Fall?” The name “slip and fall” can be somewhat vague for most. It is not incredibly specific and can cause many victims to be confused about whether or not their case even constitutes a slip and fall. In all slip and fall cases, the defendant must be an invitee, licensee or a trespasser. The classification will often determine the outcome of the case. Those whom the property owner invited to the premises are invitees. This term applies to guests in a place of business, customers, babysitters, or servants. Invitees typically benefit the most from slip and fall cases since they trusted their safety with the property owner. People that enter a property for their own interests, such as independent contractors, are licensees. Slip and fall cases in which plaintiffs are licensees are somewhat harder to win. Trespassers, those who have no right to be present on the property, often face an uphill battle in slip and fall cases. While it is possible for a trespasser to receive compensation for a fall, it requires significantly greater evidence. What Will I Receive from a Slip and Fall Case? No two injury cases are exactly alike, so compensation often varies. Depending on the circumstances, victims can typically expect to receive compensation for medical bills and physical rehabilitation. Damages to cover time off of work are also common in successful slip and fall cases. If you recently slipped and fell on someone else's property and are searching for a New Braunfels personal injury attorney, consider contacting The Bettersworth Law Firm about your case. Call us at 830-606-0404.

slip and fall, personal injury, Texas injury lawyer, New Braunfels attorneyAccording to a report from the Worldwide Cleaning Industry Association (ISSA), there are more than one million restaurant customers who sustain injuries from slip and fall accidents every year. They also report that 3 million restaurant employees are injured every year in slip and fall incidents. These injuries are costing the restaurant industry over $2 billion annually. Other studies the group cites in their report indicate that the number of combined injuries is growing by at least 10 percent each year.

The owners of these businesses have a responsibility to ensure that their establishments are safe for visitors. Regular inspections of the entire location should be done to ensure there are no hazards that could cause patrons or employees to slip and fall.

The report recommends that restaurant owners select high-traction flooring that is slip-resistant. Owners should also make sure that any carpets or mats are not wearing away or lose. It is recommended that the difference between any flooring and mat or carpet should be no more than one-fourth to one-half inch in order to avoid creating a tripping hazard. Any cleaning products used on flooring should be specifically slip-resistant.

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LauraA slip and fall case filed against the H-E-B grocery chain has been completed with a final judgment. The suit started back in 2010, when Florence Brown claimed that she was injured in a puddle of water on the floor of the grocery store. The final judgment, issued in late spring, states that the plaintiff may recover nothing from the defendant. Slip and fall cases can be extremely complex and challenging to try, which is why it’s critical to hire a skilled personal injury attorney. In order to try a slip and fall case, an attorney and the plaintiff must be able to demonstrate that the owner of the business or organization was negligent in failing to warn customers of any potential danger. If there are puddles or other obstructions that could cause an individual to fall and hurt themselves, it’s the responsibility of the company or organization to notify customers in some way, which is usually done with appropriate signage. Unfortunately, many slip and fall cases still happen across the country because victims are not able to see the danger until it’s too late. Slip and falls can cause serious injuries with long recovery periods, like fractured or broken bones, including hips. These injuries can alter the life of the victim in a matter of moments, presenting a variety of challenges that can even last over the course of a lifetime. Since there are so many factors involved in slip and fall cases, it’s vital to hire an attorney who knows how to try these cases effectively. Developing an argument about negligence can be difficult, although experienced attorneys will be able to lay out a compelling case regarding your injuries. For further information, contact our office today for a complete evaluation of your own case.  

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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