Slip and Fall and Premises Liability Lawyer in Frisco, Texas: Your Rights After a Property Injury

When you enter a grocery store, a parking lot, or a neighbor’s apartment complex, you have a legal right to expect that the environment is reasonably safe. Property owners and managers have a “Duty of Care” to maintain their premises and warn visitors of any hidden dangers.

When a property owner or employee neglects this duty, whether by ignoring a leaking pipe, leaving a walkway poorly lit, failing to place “wet floor signs” on a wet floor, or failing to fix a broken stair, the results can be catastrophic. At Benham Injury Law, I work to hold negligent property owners accountable for the physical and financial damage their carelessness causes. If you’ve been in a slip and fall accident and need a slip and fall lawyer in Frisco, Texas, contact Benham Injury Law today for a free consultation.

What is Premises Liability?

Premises liability is the legal area that covers injuries caused by a dangerous or defective condition on someone else’s property. While “Slip and Fall” is the most common type of claim, premises liability covers a wide range of incidents, including:

• Slip, Trip, and Falls: Caused by wet floors, uneven pavement, loose rugs, or icy sidewalks.
• Inadequate Maintenance: Broken handrails, crumbling stairs, or malfunctioning elevators.
• Negligent Security: Injuries or assaults occurring in high-crime areas because a business failed to provide adequate lighting or security guards.
• Swimming Pool Accidents: Drownings or injuries due to lack of fencing or improper supervision.
• Elevator and Escalator Failures: Mechanical malfunctions in commercial buildings.
• Toxic Fumes or Chemicals: Injuries resulting from exposure to lead paint, mold, or carbon monoxide.

Proving Fault: The “Notice” Requirement

Unlike a car accident where fault is often clear from the positions of the vehicles, premises liability requires proving what the owner knew and when they knew it. To win a settlement, one of the following must be proved:

1. Actual Notice: The owner or employee created the hazard (e.g., an employee spilled a liquid and didn’t clean it up).
2. Constructive Notice: The hazard existed for such a long period that the owner should have discovered and corrected it during a reasonable inspection.
3. Failure to Warn: The owner knew of a danger that wasn’t obvious to the visitor but failed to put up a warning sign or barrier.

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Common Injuries in Premises Liability Cases

Falling onto a hard surface like concrete or tile can cause much more than just a bruise. Severe injuries can include:

• Hip and Wrist Fractures: Especially common in elderly victims, these injuries often lead to a permanent loss of mobility.
• Traumatic Brain Injuries (TBI): Striking your head during a fall can cause concussions or long-term cognitive issues.
• Spinal Cord Trauma: “Slip and falls” are a leading cause of back and neck injuries that may require surgery.
• Severe Lacerations: Caused by broken glass, exposed nails, or sharp metal edges on poorly maintained shelving.

The “Open and Obvious” Defense

Insurance companies for big-box retailers and property management firms often use the “Open and Obvious” defense. They will claim that the hazard was so visible that you should have seen it and avoided it yourself. They may even try to blame your footwear or claim you were distracted by your phone.

My job is to counter these arguments. I use video surveillance footage, “sweep logs” (records showing when a floor was last cleaned), and witness testimony to prove that the property owner’s negligence was the primary cause of your injury.

What to Do After an Injury on Someone Else’s Property

If you are hurt on a business or private property, your actions in the first hour are vital to your claim:

1. Report the Incident: Tell the manager or owner immediately. Ensure they create a written incident report and ask for a copy.
2. Document the Hazard: Take photos and videos of exactly what caused you to fall.
3. Identify Witnesses: Get the names and phone numbers of anyone who saw the accident or the hazard.
4. Keep Your Clothing/Shoes: Do not wash them or throw them away. They may be used as evidence.
5. Seek Medical Care: Some internal injuries don’t show symptoms for 24–48 hours.

Why You Need a Premises Liability Attorney

Big corporations and insurance companies have “Risk Management” teams whose entire job is to minimize these types of claims. They may offer you a small “nuisance settlement” immediately after the fall to get you to sign away your right to sue.

I handle the heavy lifting:

• Obtaining Surveillance Video: Many stores overwrite their security footage every 24–72 hours. I act quickly to preserve this evidence.
• Analyzing Maintenance Records: I look for a history of similar accidents on the same property.
• Evaluating Long-Term Costs: I ensure your settlement accounts for future physical therapy or the inability to perform your job.

FAQs

What if I was injured at a friend’s house? This is a common concern. Usually, you are not suing your friend personally. Rather, you are filing a claim against their Homeowners Insurance. This is exactly why people pay for insurance: to cover accidents that happen on their property.

Is a “Slip and Fall” the same as a “Trip and Fall”? Legally, they fall under the same category, but the mechanics are different. A “slip” usually involves a liquid or slick surface, while a “trip” involves an object or structural defect. Both can lead to significant compensation if the owner was negligent.

How long do I have to sue a government entity? If you were injured on a city sidewalk or in a government building, the rules are stricter that personal injury claims against private entities and require you to file a “Notice of Claim” within 180 days of the injury and sometimes sooner depending on the locality.

Contact Me

You shouldn’t have to pay for a property owner’s negligence. Whether you were hurt in a supermarket, a parking garage, or an apartment complex, I am ready to fight for you.

Contact Benham Injury Law today for a free, confidential case evaluation. Remember, I don’t get paid unless you win.