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Milam & Fanning, PLLC Milam & Fanning, PLLC
Waco, TX254-237-5602
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Slip & Fall Accidents

Slip and Fall Attorney in Waco

Injured In A Fall On Someone Else’s Property? Call Milam & Fanning

A serious fall in a store, parking lot, apartment complex, or office building can change your life in seconds. Pain, doctor visits, and missed work can quickly turn into medical bills and financial stress. If you were hurt in a slip and fall in Waco, you may be wondering what to do next.

At Milam & Fanning, PLLC, we help people who have been injured because a property owner did not keep their premises reasonably safe. Our personal injury attorneys combine the personal attention you expect from a smaller practice with the resources that are usually found at larger firms. We work to protect your rights, explain your options, and help you move forward with more confidence.

You do not have to sort through Texas premises liability law on your own. Our slip and fall attorney in Waco is here to listen to your story, review what happened, and discuss whether it makes sense to pursue a claim. You can call (254) 237-5602 or reach out online to talk with us about your situation.

Understanding Slip and Fall Laws in Texas

Slip and fall cases fall under the broader umbrella of "premises liability." In Texas, the duty a property owner owes to you is determined by your legal status at the time of the accident. This classification system is a cornerstone of Texas law and dictates the strength of your claim.

  • Invitees: This category includes most customers in retail stores, restaurants, or office buildings. Because your presence provides a potential economic benefit to the owner, they owe you the highest duty of care. They must inspect the property, fix known hazards, and warn you of any dangerous conditions they should have known about through reasonable inspection.
  • Licensees: These are typically social guests or individuals on the property for their own purposes with permission. Owners must warn licensees of hidden dangers they actually know about, but they generally have no duty to inspect the property for unknown hazards.
  • Trespassers: If you are on a property without permission, the owner’s only duty is to avoid causing intentional injury or acting with gross negligence.

As your Waco slip and fall lawyer, we meticulously investigate the circumstances of your visit to establish your status and hold the appropriate party responsible—whether it is a commercial landlord, a small business owner, or a government entity.

Key Elements the Plaintiff Must Prove

In a civil slip and fall claim, the burden is on the plaintiff (the injured party) to prove negligence. To secure a settlement or verdict in Waco, we must establish four critical elements:

  • Existence of a Condition: There was a condition on the property that posed an unreasonable risk of harm (e.g., a leaking refrigerator, a loose floor mat, or poor lighting).
  • Knowledge of the Hazard: The owner had "actual" knowledge (they saw the spill) or "constructive" knowledge (the spill had been there so long that a reasonable owner should have discovered it).
  • Failure to Act: The owner failed to exercise reasonable care to reduce or eliminate the risk, such as failing to mop the floor or put up a "wet floor" sign.
  • Causation: The owner’s failure to act was the direct and proximate cause of your fall and subsequent injuries.

Besides these elements, it also matters whether you had a right to be on the property, how visible the danger was, and whether any warnings were posted. Our attorneys can evaluate these details in the context of Texas law.

Key factors that can affect a potential claim include:

  • How long the hazardous condition was present before the fall
  • Whether employees or managers were aware of the issue or should have noticed it
  • Whether the owner or operator had a reasonable system to check for and address dangers
  • Whether any warnings or barriers were in place to protect visitors
  • Whether your own conduct will be argued as a cause of the fall

If you are unsure about any of these points, that is normal. Part of our role is to review the circumstances with you, assess how Texas premises liability rules may apply, and help you decide on a path forward.

Damages That Can Be Recovered in a Slip and Fall Claim in Waco

A successful claim handled by a Waco slip and fall lawyer seeks to recover both economic and non-economic losses:

  • Medical Expenses: Coverage for emergency room visits, surgeries, physical therapy, and future medical care related to the fall.
  • Lost Income: Compensation for the time you were unable to work, as well as "diminished earning capacity" if your injuries permanently affect your career.
  • Physical Pain and Suffering: Compensation for the actual physical distress caused by the accident.
  • Mental Anguish: Damages for the emotional toll, including anxiety, depression, and loss of enjoyment of life.

It is vital to be aware of the Proportionate Responsibility rule (Texas Civil Practice and Remedies Code § 33.001). If a jury finds you were 20% at fault for not looking where you were walking, your total award is reduced by 20%. 

However, if you are found to be 51% or more at fault, Texas law bars you from recovering any compensation whatsoever. This is why aggressive representation is essential—insurance companies will often try to shift the blame onto the victim to avoid paying.

The Texas Legal Process for Slip and Fall Claims

Navigating a claim in McLennan County involves several procedural steps:

  1. Immediate Evidence Gathering: We advise clients to document the scene immediately if possible. Photos of the hazard, the lack of warning signs, and the shoes you were wearing are vital.
  2. The Statute of Limitations: In Texas, you generally have two years from the date of the fall to file a lawsuit. However, if the fall occurred on city property (like a Waco sidewalk), the "Notice of Claim" deadline can be as short as 45 to 90 days.
  3. Treatment and Documentation: Your recovery is the priority. We ensure that your medical records clearly link your injuries to the fall.
  4. Demand and Negotiation: We submit a comprehensive demand packet to the property owner’s insurance company. Many cases are resolved here, but we only settle if the offer is fair.
  5. Litigation and Trial: If the insurance company refuses to take responsibility, we file a formal lawsuit in the McLennan County courts and prepare to present your case to a jury.

Steps To Take After a Fall Injury in Waco

Your first priority should be your medical care. Even if you feel you can walk it off, injuries to the head, neck, back, or joints may not be fully apparent at the scene. A prompt evaluation from a healthcare provider can identify problems, document what you are experiencing, and guide your treatment plan. Keeping records of visits to clinics or hospitals in and around Waco can also be important later.

It is also helpful to make sure the incident is reported. Additionally, evidence of the hazard can change very quickly. Spills are cleaned, damaged flooring may be repaired, and clutter can be moved. If you can safely do so, photographs of the area where you fell, your footwear, and any visible injuries can be valuable.

Helpful steps to consider after a fall include:

  • Seeking medical attention as soon as possible, even for pain that seems minor
  • Reporting the incident to the property owner, manager, or landlord and asking for a record
  • Taking photos of the hazard, surrounding area, and your clothing and shoes
  • Collecting contact details for witnesses who saw the fall or the unsafe condition
  • Being cautious about written or recorded statements to insurance representatives before speaking with an attorney

You do not need to navigate these steps alone. Our Waco slip and fall lawyer can talk through what has already happened, suggest additional information that may be helpful, and discuss how your actions might affect a potential claim.

What To Expect When You Call Us

Contacting a law firm after a fall injury can feel overwhelming, especially if you have never worked with an attorney before. The first step is a conversation focused on listening to your story—what happened, where it occurred, and how it has affected your daily life. The goal is to make the initial interaction clear, comfortable, and informative.

During the initial discussion, the firm typically asks about the incident location, any reports or photographs, and your medical treatment so far. This information helps assess whether a premises liability claim may exist under Texas law. If additional details are needed, they explain what would be helpful and outline potential next steps.

If you decide to proceed, the attorneys gather further evidence, identify responsible parties, and handle communications with insurers and opposing sides. They keep you updated and involve you in key decisions about settlement or litigation. Fee structures are also explained clearly, so you understand costs and expenses before moving forward.

Talk With Our Waco Slip and Fall Attorneys About Your Case

If you were injured in a fall on someone else’s property, you do not need to face the medical, financial, and legal questions alone. Our attorneys take the time to learn what happened, explain how Texas premises liability law may apply, and discuss realistic options for moving forward.

At Milam & Fanning, PLLC, we combine the accessibility of a boutique practice with the support and reputation of a larger firm. We work to provide clear communication, thoughtful strategies, and steady guidance from the first conversation through the resolution of your matter. Reaching out is a simple first step toward understanding your rights.

Call (254) 237-5602 or reach out online to talk with our team about your potential fall injury claim.

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