Skilled Attorneys Support Victims of El Paso Slip and Fall Accidents
Determined legal representation in pursuit of the best possible outcome
El Paso, Texas is a bustling city of about 670,000 people, as well as a major entry point for trade with Mexico. At any given moment, you might be one of several hundreds of thousands of people out and about, doing business and enjoying the local amenities. But, all it takes is one act of negligence to trigger a devastating fall that completely upends your life. At Ortega, McGlashan, Hicks & Perez, PLLC, we understand that pain and frustration of dealing with a severe slip and fall injury. We’ve helped many people like you obtain the compensation they deserve from negligent landlords and business proprietors. While you work to recover from your injuries, our skilled attorneys manage your legal needs, focusing their experience and effort to get the maximum damage award possible.
Common slip and fall scenarios and injuries in El Paso
Slip and fall, or trip and fall, is the common term in the legal profession for an accident that happens when a landlord has a hidden hazard on the property, knows about it or reasonably should have known about it, but does not take reasonable steps to correct the problem or alert the public. A hidden hazard is one that is not open and obvious to a visitor, such as:
- Broken or loose floor tiles
- Dark passages or stairwells
- Exposed electrical cords
- Missing handrails
- Torn carpeting
- Uneven pavement
- Wet floors
Common places where these accidents occur include supermarkets, restaurants, big-box stores, shopping malls, theaters and stadiums, sidewalks, and parking facilities.
Who is responsible for a slip and fall accident?
An injured party who files a claim for a slip and fall accident must prove that under the circumstances the person in control of the premises was unreasonable with respect to the hazard. Elements of a successful case include proof that:
- The hazard was hidden — If a dangerous condition is readily apparent, such as a demolished staircase, the landlord has less of a duty to remove or repair it, since a reasonable person will simply avoid the hazard. However, a landlord can still be liable for an obvious hazard if circumstances require a visitor to encounter the hazard because there is no reasonable way around it.
- The landlord knew or should have known of the hazard — A landlord can only address a problem he is aware of or has ample opportunity to become aware of. With this element, an injured plaintiff must show the landlord had actual knowledge something was wrong or a reasonable person in his place would have discovered the problem through due diligence.
- The landlord was unreasonable in failing to cure the hazard — Whether the landlord acted reasonably depends on many factors. Timing is one important factor the court looks at. It is easier to say a landlord was unreasonable for not cleaning up a spill that happened an hour ago than one that happened just two seconds before a customer slipped. The relative costs of potential remedies are also a factor. It might be perfectly reasonable for a restaurateur to paint the edge of a step yellow, even though that does not remove all danger to customers of a sudden change in levels, if the court considers the cost of re-grading the floor might be prohibitive.
Your slip and fall accident may seem like an open-and-shut case to you, but you can be sure the landlord’s insurance company will vigorously defend the case and try to settle with you for as little as possible. To get the most from your accident claim, you need the assistance of a skilled and experienced premises liability lawyer. If your medical bills are piling up and you’re losing additional money from being out of work, you need to do everything you can to maximize your claim. That starts with getting the right personal injury attorney for the job.
Contact our El Paso law firm for effective representation of your slip and fall claim
Slip and fall injury claims can be very difficult to prove. If you’ve been seriously injured in El Paso County, Texas, trust Ortega, McGlashan, Hicks & Perez, PLLC to deliver the skilled representation you need. Call us today at 915-201-0590 or contact us online to schedule a free consultation on your case. We also make night and weekend appointments when necessary.