McAllen Slip and Fall Accident Lawyer Near Me - 6316 N 10th St Building D. Suite 102, McAllen, TX 78504

Life can take a sudden, unexpected turn, leaving you with more than physical issues. When you or a loved one experiences a slip and fall accident in McAllen, TX,  the aftermath can be overwhelming. There are physical, emotional, and financial losses.

The pain from injuries, the emotional toll it takes, the stress on family relationships, and the following financial burden can seem insurmountable. Fear not, because we’ve seen it all before, and our McAllen slip and fall accident attorney is here to help.

No matter how often we meet with injured or grieving clients, we never get used to it. We have discovered, however, that controlled outrage can be empowering. You shouldn’t have to suffer while the party who caused your McAllen, Texas accident walks away without consequence. Contact our McAllen slip and fall accident lawyer at The Law Office of Lino H. Ochoa. You can call us at (956) 815-0055. We will fight to ensure you receive every dollar you deserve.

How the Law Office of Lino H. Ochoa Can Help After a McAllen, TX Slip and Fall 

How the Law Office of Lino H. Ochoa Can Help After a McAllen, TX Slip and Fall Near Me

Here at the Law Office of Lino H. Ochoa, we know the ins and outs of personal injury law as it is practiced in McAllen, Texas. Our founding attorney, Lino H. Ochoa enjoys the benefit of a quarter century of experience in personal injury law. 

Even more importantly, he has years of experience working for an insurance defense firm. This experience gives him unique insights into the strategies and tactics the insurance company will try to pull on you. 

Our McAllen personal injury attorney can help you in the following ways:

  • Employing experts to reconstruct the accident and prove liability
  • Using our understanding of building codes to establish negligence
  • Identifying hazards to isolate the specific cause of your accident
  • Evaluation of the long-term effects of your injury
  • Examining maintenance practices and investigating records to reveal potential negligence
  • Negotiating with insurers
  • Navigating the intricacies of premises liability law
  • Acting swiftly to secure video evidence of your accident
  • Conducting thorough witness interviews to corroborate the details of your accident


This list merely scratches the surface of how our McAllen slip and fall accident attorney can improve your chances of receiving full compensation. 

What is a Slip and Fall Accident?

The term “slip and fall accident” can describe anything from slipping on a wet floor in a restaurant to falling from a scaffolding at a construction site. Slip and fall accidents commonly involve unique legal considerations. Premises liability law comes into play when you are a guest on someone else’s property, or workers compensation law may apply if you are injured at work.

Slip and fall accidents are distressingly common. Over a million people a year visit emergency rooms for this reason. 

How Premises Liability Works

Premises liability is the liability you face if you are the owner or occupier of land or buildings. You bear an obligation to keep your premises safe for visitors. If you invite visitors, you must perform a reasonable inspection of your property. Once you identify a dangerous condition, you must either repair it or warn about it.

This duty is not absolute. You typically owe no duty of care to trespassers, for example. After all, why should you have to pay compensation to a burglar who fractured their leg breaking into your home? On the other hand, you might bear liability even to a trespasser if you “booby-trapped” your property to punish trespassers.

How Negligence Claims Work

To win a negligence claim, you must prove:

  • The defendant owed you a duty of care (the duty to inspect their property, for example);
  • The defendant breached their duty of care;
  • You suffered harm;
  • The defendant’s breach of duty was the factual cause of the harm you suffered; and
  • The harm you suffered was reasonably foreseeable.

You must prove the preceding five elements on a ‘more likely than not’ basis. 

Workers’ Compensation Claims After a Slip and Fall

Workers’ compensation, which is designed to provide compensation for workplace accidents, is a tradeoff. On one hand, you don’t have to prove fault to win. You can win most of the time even if the accident was your fault. On the other hand, you can only seek a portion of economic damages. 

You can pursue a personal injury lawsuit if you find a third-party defendant (not your employer), including a property owner who may be liable. In a personal injury lawsuit, you can claim full economic and non-economic damages. This often happens in construction accidents, for example.

How Slip and Fall Accidents Happen

Slip and fall accidents can happen in an almost unlimited number of ways, including:

  • Abrupt edges on sidewalks or entryways
  • Walkways cluttered with obstacles
  • Cracks in parking lots
  • Curling edges of rugs or mats
  • Electrical cords or cables across walkways
  • Ice or snow on walkways
  • Loose or broken handrails on staircases
  • Loose or torn carpeting
  • Open drawers or cabinets in walkways
  • Poor lighting in walkways or stairwells
  • Recently mopped or waxed floors without warning signs
  • Slippery floors due to spills or cleaning 
  • Transitions between different flooring types
  • Uneven sidewalks or flooring
  • Unmarked floor holes or gaps

If the property owner seeks to repair conditions after someone has filed a claim against you, Texas Rule of Evidence 407 prevents you from using such repair as evidence of negligence. 

Common Slip and Fall Injuries

Slip and fall accidents can cause a wide variety of injuries, some of them fatal. 

Common slip and fall injuries include:

  • Sprained ankle or knee
  • Strained muscles or tendons
  • Fractured bones, especially the hip, collarbone, and wrist
  • Soft tissue injuries such as whiplash
  • Pinched nerves
  • Head injuries, including traumatic brain injury
  • Paralysis.

Death is also a common consequence of a serious slip and fall accidents. If the victim dies, it is appropriate to file a wrongful death claim.

Defenses

If you are injured in a slip and fall the opposing party will likely present defenses to your claim. 

Common defenses to slip and fall accidents include:

  • Warning: You provided adequate warning of the dangerous condition.
  • Obvious hazard: The hazard was open and obvious to a reasonable person, thereby negating your duty to warn.
  • Lack of knowledge: You were not aware of the dangerous condition, and you could not have been reasonably expected to know about it. It might have arisen suddenly.
  • Lack of causation: The condition did not actually cause the victim’s injuries.
  • Trespassing: The victim was on the property without permission.
  • Comparative Negligence: The victim’s own negligence contributed to the accident. This can reduce or eliminate the property owner’s liability.

Other defenses might arise, depending on the specific facts of your case.

What Damages Are Available in a McAllen Slip and Fall Case?

In a slip and fall case, you might seek damages that take into account the unique aspects of such incidents.

The following are damages that might be available:

  • Medical expenses for mobility-related Injuries: Costs for treatments specific to injuries common in falls, like hip fractures or knee ligament injuries.
  • Rehabilitation for balance and gait Issues: Rehabilitation expenses for long-term balance or mobility issues that often follow a serious fall.
  • Enhanced pain and suffering for chronic conditions: This might occur due to exacerbated pain from pre-existing conditions like arthritis, which can be severely affected by a fall.
  • Specialized medical equipment: Items like wheelchairs, walkers, or braces that are often needed after a fall.
  • Home care and adaptation costs: You might need to adapt your home with ramps, stairlifts, or bathroom modifications due to fall-related disabilities.
  • Loss of independence: You might qualify for compensation due to your loss of ability to perform daily activities unaided.
  • Emotional distress from loss of mobility: There may be a psychological impact of reduced mobility and independence.


These are only a fraction of the possible damages that might arise from a slip-and-fall accident

Contact a McAllen Slip and Fall Injury Lawyer Today

The Law Office of Lino H. Ochoa understands that taking the first step toward justice can be daunting. That is why we offer a free initial consultation with our McAllen slip and fall accident lawyer. If you have suffered a slip and fall accident due to someone else’s negligence, you need to set the compensation process in motion as soon as possible. Don’t worry about your finances. We won’t charge you until and unless we win your case. 

If you were injured in a slip and fall accident in McAllen, Texas, contact us online or by calling (956) 815-0055 today for a free case evaluation! We serve Hidalgo County and its surrounding areas.

Our personal injury law firm in McAllen, TX also handles:

Visit Our Personal Injury Law Office in McAllen, TX

The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504
(956) 815-0055

Hours: Monday to Friday,
from 9 am – 5 pm

Highly Rated Physical Therapy Clinics In McAllen

  • Valley Therapy Center Inc – 4232 N McColl Rd, McAllen, TX 78504
  • Hope Therapy Center – 4301 N 10th St, McAllen, TX 78504
  • Evolutions Therapy – 5225 S McColl Rd, Edinburg, TX 78539
  • Pure Physical Therapy – 5413 N 23rd St, McAllen, TX 78504
  • Aptus Therapy Services – 2610 Cornerstone Blvd, Edinburg, TX 78539

Highly Rated Chiropractors In McAllen

  • Dr. Joseph Arevalo DC, PLLC – 3202 W Alberta Rd, Edinburg, TX 78539
  • South Texas Clinic of Chiropractic – 5000 N 23rd St STE G, McAllen, TX 78504
  • ChiroSync Health & Wellness Chiropractic – 2709 Cornerstone Blvd, Edinburg, TX 78539
  • WholeLife Chiropractic – 8521 N 10th St, McAllen, TX 78504
  • The Joint Chiropractic – 8001 N 10th St Ste. 170, McAllen, TX 78504

*Disclaimer – we do not endorse these companies or profit from having them listed on our website.