Slip & Fall Litigation with Brent M. Cordell

"Slip and fall injury" or "trip and fall injury" is the generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. These cases fall under the broader category of cases known as "premises liability" cases. The term "premises liability" refers to a situation when an individual is injured on a property, or "premises" owned or maintained by someone else, and the owner or possessor of the property is held liable for such injury.
"Slip and fall" injuries often result from slippery conditions caused by water, paint, food or other slick substances on a walking surface. "Trip and fall" injuries may be caused by hidden hazards, poor lighting, uneven walkways or missing handrails.

Slip and fall accidents are covered by the law of negligence, and a key issue is what duty the property owner had towards the injured person in terms of protecting him or her from injury. Traditionally, the law distinguished among four categories of people who might be on someone else's property:

• invitees (for example, a delivery person); 
• social guests; 
•  licensees (someone who is on the property solely for their own benefit); and
• trespassers (for example, a vandal). 

The responsibility of the property owner to protect a person from injury depends on how the person was categorized. In most cases, the injured party must prove that the premises was in a "dangerous condition" when the injury occurred, and that the owner of the property knew (or should have known) of the dangerous condition. To establish this it usually must be shown that the owner created the condition, knew the condition existed and negligently failed to correct it, or that the condition existed for such a length of time that
the owner should have discovered and corrected it prior to the incident.

For a plaintiff to be successful in a slip and fall accident, they must typically prove the following:

• there was a condition of the defendant's (landowner) property which presented an unreasonable risk of harm to persons on the premises;
•  the defendant knew or should have known that the condition of his property involved an unreasonable risk of harm to persons on the premises;
• the defendant should have anticipated that persons on the premises would not discover or realize the danger, or would fail to protect themselves against it;
•  the defendant was negligent;
•  the plaintiff was actually injured;
•  the condition of the defendant's property was a direct cause of the injury to the plaintiff.

In addition, a plaintiff may prove negligence by showing that the property owner violated a relevant statute. For example, a building owner must ensure that his or her building's structure is in compliance with applicable building codes.

An injured person who slips and falls due to the negligence of another may be able to recover the costs of lost income and medical bills, as well as compensation for any pain and suffering or physical disability, among other damages. If you have been injured due to a dangerous condition or negligence on behalf of another party, contact Brent M. Cordell at www.cordell-law.com or call (713) 248-5265 for a free consultation. 

Workplace Injuries with Houston, Texas Personal Injury Attorney Brent Cordell

On-the-job injuries are always difficult. In addition to the pain, stress and possible loss of income, the injured employee often has to communicate with the employer under the cloud of suspicion, anger and resentment. Many times, the employee feels pressured into receiving care from the company doctor. Other times, an injured employee may be hesitant to do anything at all, out of fear of retribution or termination.

Workers' Compensation provides benefits to workers who are injured on the job, or suffer an occupational disease arising out of and in the course of employment. The problem is that the compensation is often not sufficient to address the extent of the injuries.

In addition, not all employers in Texas subscribe to a workers' compensation insurance plan. Business that have chosen to "self-insure" and do not pay compensation are required to prove that 100% of the liability for an injury lies in the hands of the injured worker, or that the injury was caused by the negligence of a third party.
Even if you may have been partially responsible for your own accident and injury at work the insurance defense attorneys will not be allowed to enter your own negligence into evidence: a jury would only be required to consider any amount of liability on the part of your employer.
This opens up your workplace injury case to possible significant compensatory and punitive damages that workers' compensation insurance benefits might not cover.

Often, those injured at work will get inadequate compensation through Workers' Compensation and should look into third-party lawsuits for greater compensation.
Third-party lawsuits involve another party (other than the employer). For example, if you were injured by a saw, there may be a products liability case against the saw's manufacturer. Also, if a worker was injured on a construction site, another contractor could be liable. These cases require immediate attention and expertise because the responsible third party is often difficult to locate and the evidence (such as a piece of defective machinery) may need to be preserved. In more complex cases, the legal principles of Agency and analysis of corporate law can lead to sophisticated determinations as to who is technically an "employee" and who the "third parties" are in a given situation.

When you go to work, you expect that you are reasonably safe as long as you perform your job in the way you should, taking all reasonable precautions. This is true even when you are in a somewhat hazardous occupation. But accidents happen in the workplace as well, and sometimes the accidents are caused by existing unsafe conditions.
If you were injured on the job, you may be thinking about whether or not you should file suit. To take action, you need to be informed about your legal options. For more information contact Brent M. Cordell at www.cordell-law.com or call (713) 248-5265 for a free consultation.
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