Slip & Fall / Trip & Fall Injury in Houston
Some of the most common injury-causing accidents are falls caused by slippery walking surfaces and tripping hazards. Falls in grocery stores, department stores, retail stores, and other commercial premises are frequently caused by improper floor maintenance and building code violations. Business owners and their insurance companies are not on your side when you have been injured in a fall on their property, and it is imperative that you discuss your case with a knowledgeable attorney today to avoid common pitfalls. If you are the victim of a slip and fall injury or trip and fall injury throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County, call the experienced Houston personal injury attorneys at Wilhite & Lea, P.C. to discuss the specifics of your case.
Business owners and their insurance companies often argue that it is your fault that you fell. They claim you were ‘not watching where you were going’ or that you are just clumsy. However, these arguments are often used to cover up the real reason for the fall—the negligence of the premises owner. Commercial premises owners invite you to their property to do your shopping or other business, and they owe you a duty to ensure that their walking surfaces are reasonably safe.
Slip & Fall
Falls resulting from slips can be devastating. They often result in severe back injury, neck injury, as well as hand and hip injury. Following are some common factors that if unattended by the business owner can result in slip-type falls:
- Rain water accumulation
- Improper floor maintenance
- Spilled substances
A slip occurs when a person is walking and unexpectedly encounters a slippery floor. Another term for ‘slippery’ is ‘low coefficient of friction.’ As part of the natural walking process, people do not look at the ground and carefully place their feet for each step. Walking involves a certain amount of automatic response generated by our brains and central nervous systems. Unless you have obvious visual cues to put you on notice that you should watch for slippery floors, your brain tells your feet to expect a solid, stable walking surface. However, when you unexpectedly encounter a slippery surface instead, a fall is likely because you often do not have time to react to prevent it.
When a premises owner is aware of a slippery condition on the floor for a significant period of time and fails to timely correct the situation (e.g., clean up the foreign substance) or properly safe-guard against it (e.g., place adequate and conspicuous ‘Wet Floor’ signs), the premises owner is negligent and should be held responsible for resulting injuries. However, Texas law sets a high bar for a plaintiff making a slip and fall claim. You need a knowledgeable attorney to help guide you through the process of negotiating with the business owner and their insurance company, or filing a lawsuit against them. Call the personal injury attorneys at Wilhite & Lea, P.C, today to discuss the specifics of your slip and fall injury.
Trip & Fall
One argument business owners make when a person has been injured as a result of a trip and fall on their property is that ‘you just weren’t watching where you were going.’ On its face, this is a very convincing concept. However, the knowledgeable and experienced personal injury trial lawyers at Wilhite & Lea, P.C. know something the business owner does not want you to know—that trip and falls are often caused by building code violations the premises owner is supposed to comply with by law.
The International Building Code (IBC) is the most common building code in the United States. It has been adopted by most jurisdictions, including the City of Houston in Harris County, and the City of Conroe in Montgomery County. The IBC contains requirements for walkway surfaces. Small, abrupt changes in elevation as well as unexpected large changes in elevation in walkways may constitute violations of the IBC. If the IBC has been adopted by a city or county government in the location where you tripped and fell, the owner of the premises may be in violation of the law—as well as the IBC.
Like slip-type falls, trip and falls can result in very serious injury. In the normal walking process, you are not looking at the ground and taking each step deliberately and carefully. When one foot encounters an unexpected rise in the walkway surface, or when you take a step expecting the floor to be flat when in fact it is much lower than you anticipated, you are very likely to fall. Falls resulting from trips often catastrophic hand and wrist injuries, as well as serious neck and head injuries.
Wilhite & Lea, P.C. | Houston Personal Injury Lawyers
George W. Wilhite is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and he has over 40 years of experience representing clients who have been injured as the result of trip-type falls. Contact the knowledgeable attorneys at Wilhite & Lea, P.C. today to discuss the specifics of your case and schedule an appointment for a free consultation. Call (281) 537-2171 or submit your contact information in our online form. Wilhite & Lea, P.C. handles Slip & Fall / Trip & Fall cases in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.