San Antonio Slip and Fall Lawyers
STOLMEIER LAW helps SLIP and FALL clients in San Antonio and South Texas and regularly accepts referrals from other law firms.
1) What do I do immediately after I SLIP and FALL ?
- Determine your injuries and request medical assistance.
- Take photographs or video of the dangerous condition that caused you to SLIP and FALL.
- Make a report with manager or supervisor of the location where you slipped, tripped or fell. Include the cause of your SLIP and FALLand injuries in your report. Get a copy of your report and bring it to STOLMEIER LAW.
- Get names, addresses, and phone numbers of all witnesses to your SLIP and FALL and who saw the dangerous condition that caused your SLIP and FALL.
- Contact STOLMEIER LAW at (210)227-3612.
2) Who can be held liable for causing my SLIP and FALL?
- Shopping malls, hotels, grocery stores, convenience stores, fast food outlets, commercial kitchens, work sites, retirement homes, apartment complexes, rental homes, and many other business or retail locations.
3) Am I an invitee, licensee or trespasser on someone else’s property on my SLIP and FALL?
- Invitee: You are on another’s property or business establishment and the property owner does not need to expressly make an invitation to you. An invitation is implied when a store is open and the public is expected to enter to inspect, purchase or otherwise do business on the property. (Example: You enter a grocery store that is open for business.)
- Licensee: You have permission from the property owner to be on the property, but you visit for your own purpose or amusement, rather than for business purposes. (Example: a guest at a party).
- Trespasser: You enter another person’s property without the property owner’s permission.
4) What type of injuries can be caused by a SLIP and FALL?
- Broken bones or fractures
- Head injury
- Spinal cord injuries
- Ankle and foot
- Herniated disc (neck or back)
- Arms and shoulders
- Lower back
- Brain injury
5) What type of defenses can a property owner use against me after my SLIP and FALL?
- You were an invitee, but the property owner took reasonable care to assure that you would not SLIP and FALL.
- You were a licensee and a property owner need only warn you about known or obvious dangers on their property.
- You are a trespasser and a property owner does not owe a duty of care to you.
- You were negligent. You were partially at fault for your injuries. If found partially negligent, your damages can be reduced proportionate to your degree of Texas is a modified partial fault state, meaning, if you are 51% or more at fault, you will not be able to recover compensation for your injuries from the property owner.
6) How does STOLMEIER LAW defeat a property owner’s defenses to my case?
- STOLMEIER LAW shows the property owner owed you a reasonable standard of care, the property owner failed to fulfill this standard, and you were injured as a result.
7) What do I need to prove for the property owner to be held liable for my SLIP and FALL?
- Prove you had permission to be on the property. A condition on the property posed an unreasonable risk of harm. The property owner knew or reasonably should have known of the dangerous condition. The property owner breached its duty of ordinary care by failing to adequately warn you of the condition or failed to make the condition reasonably safe. The property owner’s breach proximately caused your injuries.
8) How does a warning sign affect my SLIP and FALL case?
- A warning sign does not mean the property owner was not at fault for causing your SLIP and FALL. If no warning sign is present, it could be evidence of negligence by the property owner because of a dangerous condition on the property that the owner knew or should have known of before your accident.
9) What is the difference between a negligent activity and premises negligence SLIP and FALL case?
- Negligent activity is when a property owner commits a negligent act and your injuries caused are contemporaneous with the negligent act, such as an employee pushes a cart into your leg and that causes an injury to the leg.
- Premises negligence occurs when a condition exists on a property, the condition causes a person an unreasonable risk of injury, and the negligence caused your injuries.
10) What kind of damages can I recover from my SLIP and FALL case?
- You can recover Damages include: medical expenses, pain and suffering, mental anguish, physical impairment, all in the past and into the future, or death benefits.
11) What do I need to tell the doctor after my SLIP and FALL?
- Tell the doctor in general of how your SLIP and FALL (Example: you fell at the grocery store). Tell the doctor the injuries you sustained to each part of your body and the pain you are suffering. State limitations in daily activities you are experiencing due to the SLIP and FALL. If you are employed, state the types of duties and responsibilities at your employment you cannot or have trouble doing, and request an off-work note from your doctor if your injuries and pain continue, and give a copy to your employer.
12) Can I still go to the doctor if I do not have medical insurance after a SLIP and FALL?
- Yes, STOLMEIER LAW can assist you with an appointment and a letter to the medical provider addressing how payment can be made.
13) What type of medical treatment can I expect after a SLIP and FALL?
- A physical examination from the doctor. The doctor may require x-rays be taken, or an MRI or CT scan from more serious injuries. The doctor also may recommend physical therapy, medications for pain or muscle relaxer, or to prevent infection from cuts.
14) How do I pay my medical bills after a SLIP and FALL?
- STOLMEIER LAW can assist you with a letter to the medical provider addressing how payment can be made.
15) Can I recover money for lost time at work SLIP and FALL?
- Yes. Provide a current weekly pay stub from your employer to STOLMEIER LAW that shows your year to date earnings before the date of your SLIP and FALL.
16) Can I file for disability if I can no longer work SLIP and FALL?
- Yes. Speak to STOLMEIER LAW before you file a disability claim.
17) How does a SLIP and FALL lawsuit work?
- STOLMEIER LAW files a lawsuit in court and serves it on the party responsible for causing your SLIP and FALL and injuries. The responsible party will file an answer and generally deny fault. STOLMEIER LAW sends written discovery to the responsible party (production of documents, interrogatories, requests for disclosure). STOLMEIER LAW obtains your medical records and bills in court approved form, deposition of you, the responsible party, and your treating A jury trial begins.
18) What is my involvement in a SLIP and FALL lawsuit?
- You will tell STOLMEIER LAW the location where you were injured as well as a description of your injuries. You will give STOLMEIER LAWany photographs, video, or witness information that you obtained. You may be required to answer written questions and participate in a deposition, and give live testimony at trial.
19) How does the settlement process in a SLIP and FALL case work?
- Medical records, reports and bills obtained by STOLMEIER LAW are given to the insurance adjuster who represents the party responsible for causing the SLIP and FALL and your injuries. Settlement negotiations can begin after that or a lawsuit may be filed in your behalf by STOLMEIER LAW.
20) How does my contract with STOLMEIER LAW work?
- STOLMEIER LAW will not collect any payment unless we recover compensation for you.
21) Can my spouse join with me in a SLIP and FALL lawsuit?
- Your spouse may join you in a lawsuit. Your spouse’s damages are derivative of your injuries. They may include loss of consortium, loss of society, and others.
22) How does a SLIP and FALL case involving my child work?
- A SLIP and FALL case involving your child is similar to a case involving an adult. However, a parent will act as a representative of the child and himself individually in the claim and lawsuit. The time for filing a lawsuit for a child can vary.
23) How should I inspect the accident scene where I Slipped and Fell?
- Take video and or pictures of the dangerous condition that caused your SLIP and FALL. Also take pictures and or video of the surrounding area, and any witness, after asking their permission.
24) What should I look for when I inspect the location of my SLIP and FALL?
- Take note if the area of your SLIP and FALL is a highly trafficked area by other customers or employees.
- Take note of how long the dangerous condition that caused your SLIP and FALL had been present before your SLIP and FALL. Identify any signs that may have been placed by employees or the property owner before or after your accident, alerting of a dangerous condition that could cause a SLIP and FALL.
25) Can I take photographs or video of the accident scene of my SLIP and FALL?
- Always take photographs or video of the accident scene of your accident. Photographs and video will help prove your case against the property owner. Photograph or video any employee, property owner, or other person who attempts to cleanup or remedy the dangerous condition that caused your SLIP and FALL.
26) What types of evidence should I collect at the accident scene of my SLIP and FALL?
- You should take photographs or video of the dangerous condition and accident scene of your SLIP and FALL.
- Get names, addresses, and phone numbers of witnesses.
- Report the accident to a manager or supervisor, explain the cause of your SLIP and FALL and the injuries you sustained.
- Get a copy of the accident report.
- Take pictures or video of any signs that employees placed before or after your SLIP and FALL that may have alerted you to the dangerous condition.
- Take note if the area of your SLIP and FALL is a highly trafficked area by other customers or employees.
- Take note of how long the dangerous condition that caused your SLIP and FALL had been present before your SLIP and FALL.
27) What types of property can be involved in a SLIP and FALL case?
- Shopping malls, hotels, grocery stores, convenience stores, fast food outlets, apartment complex, rental home, parking lots, stairs, decks, commercial kitchens, construction work sites, retirement homes, and many others.
28) What is considered a dangerous condition on someone else’s property?
- A dangerous condition is one that can pose an unreasonable risk of you SLIPPING and FALLING, and sustaining injuries, such as if a detergent bottle spills in a grocery store and it’s not cleaned up in a reasonable time. A hallway in a hotel cluttered with used towels, room service kitchen ware, or maintenance carts pose a dangerous condition to hotel guests.