After a premises liability accident in Dallas, you should seek medical attention, report the incident, document the scene, gather witness information, preserve evidence, and consider speaking with a personal injury attorney. These steps can help protect your health and preserve important evidence if you later seek compensation for your injuries.
Dallas is a busy Texas city with apartment buildings, shopping centers, restaurants, offices, hotels, and other properties where visitors can encounter dangerous conditions. If you are hurt because of a wet floor, unsafe stairs, poor lighting, defective flooring, or another property hazard, knowing the steps to take if you get injured can help you respond appropriately instead of making decisions while dealing with pain or confusion.
Get Medical Attention First
Your health should come before anything else after an accident.
Even if an injury initially seems minor, symptoms can become more noticeable hours or days later. A medical evaluation can identify injuries that may not be obvious immediately and creates a record connecting your treatment to the incident.
Follow your healthcare provider’s instructions and keep copies of medical records, bills, prescriptions, and other treatment-related documents.
Report the Accident
Tell the property owner, manager, landlord, security officer, or another responsible employee about what happened as soon as possible.
Ask whether an incident report will be prepared and, when appropriate, request information about how to obtain a copy.
Avoid guessing about what caused the accident or accepting blame. Simply provide an accurate description of what happened.
Document the Dangerous Condition
Evidence can disappear quickly after a premises accident.
If your condition allows, take clear photographs and videos of the area where you were injured. Capture the hazard from several angles and include surrounding conditions that may help explain how the accident occurred.
For example, photograph a wet floor, broken step, damaged sidewalk, inadequate lighting, missing warning sign, or other condition that may have contributed to your fall or injury.
Collect Witness Information
People who saw the accident may provide valuable evidence about what happened.
If anyone witnessed the incident, obtain their name and contact information if possible. Employees or other visitors may have noticed the dangerous condition before the accident occurred.
Witness information can become particularly useful if the hazardous condition is later repaired or removed.
Preserve Your Clothing and Personal Items
Do not immediately throw away or clean clothing, shoes, or other personal belongings involved in the accident.
For example, shoes may show whether a substance was present on the floor, while damaged clothing may help document the severity or circumstances of the incident.
Store these items safely in their condition at the time of the accident.
Avoid Posting About the Accident Online
Social media posts can sometimes create problems for an injury claim.
Photos, comments, or statements about your activities may be taken out of context and used to question the severity of your injuries.
It is generally safer to avoid discussing the accident, your injuries, or a potential claim on social media while the matter is pending.
Be Careful When Speaking With Insurance Companies
If an insurance company contacts you after the accident, do not assume that its interests are the same as yours.
An adjuster may ask questions about the incident or request a recorded statement. Before providing detailed statements or signing documents, make sure you understand what you are agreeing to and how it could affect your claim.
Understand Texas Premises Liability Law
Property owners and occupiers may have legal duties toward certain visitors, but those duties can depend on the circumstances.
Texas premises liability cases can involve questions about whether the property owner knew or should have known about a dangerous condition, whether reasonable steps were taken to address it, and whether the condition caused the injury.
Texas Civil Practice and Remedies Code § 16.003 is also important because it generally provides a two-year limitations period for many personal injury claims. Certain circumstances can affect how deadlines apply, so waiting too long can put a claim at risk.
Keep Records of Your Losses
Medical expenses are only one possible type of loss following a premises accident.
Keep records of:
- Medical bills
- Prescription costs
- Travel expenses for treatment
- Lost wages
- Rehabilitation expenses
- Property damage
- Other accident-related costs
These records can help establish the financial impact of the injury.
Consider Speaking With an Attorney
A premises liability claim can involve complicated questions about ownership, control of the property, notice of the hazard, comparative responsibility, and available insurance coverage.
An attorney can review the circumstances, help preserve evidence, communicate with insurers, and explain your legal options.
Key Takeaways
- Seek medical attention after a premises liability accident.
- Report the accident to the property owner or manager.
- Photograph and document the dangerous condition.
- Collect contact information from witnesses.
- Preserve clothing and other evidence connected to the accident.
- Be cautious when speaking with insurance companies.
- Avoid posting about the accident or your injuries online.
- Keep records of medical treatment and financial losses.
- Texas law includes deadlines for personal injury claims, so taking action promptly can be important.