What To Do If You Slip and Fall In a Dallas Public Park

If you want to escape the busy city but cannot go on vacation, there is nothing better than a day in a public park. There are several gorgeous parks in Dallas where you and your family can take a stroll or picnic.

Unfortunately, several hazards in public parks and gardens can turn a blissful day out into a nightmare. These hazards include poorly maintained hiking or walking trails, uneven surfaces, and malfunctioning outdoor exercise equipment. They can cause an array of injuries, including slips and falls.

In the U.S., more than one million people go to the emergency room for treatment after a slip-and-fall accident. Many of these falls take place in public places.

You may be eligible to claim compensation if you are injured by slipping and falling in a public park.

What To Do After a Slip and Fall Accident

As with any personal injury claim, you must link negligence to your injury. Recording what happened, including taking photos and video footage, is crucial. Take pictures of the surface that caused you to slip and fall. Be sure to take up-close images that clearly show the uneven or dangerous parts.

If there were other people around when you fell, ask them for their contact information. Their testimony can go a long way in helping you win your legal case.

You will also have to see a doctor or go for a medical evaluation at the local emergency room. Do this even if your injuries seem minor. Often, the adrenaline rush caused by a sudden fall can mask more serious injuries.

Also, you need a copy of all medical records. These will form part of your evidence when you file a case.

When To File a Claim

If you can prove the city or municipality responsible for the park’s maintenance was negligent, you can proceed to file a claim. However, filing a personal injury claim against a government entity may be far more challenging than expected.

Generally speaking, you must file a notice of claim within six months of your fall. You can file a lawsuit if your claim is denied or you are unsatisfied with the settlement amount. You have up to two years to file an official lawsuit.

Remember that according to the Texas Tort Claims Act, the amount you can claim will be limited.

Filing Your Claim

If you decide to file a personal injury claim, consult with a personal injury lawyer. Ensure that the lawyer you speak to has vast experience in slip-and-fall cases. The lawyer will assess your situation and advise whether you have enough grounds for a case.

If the lawyer takes on your case, they will ask you for copies of your medical records and proof of your expenses after the incident. Your expenses include medical bills, medication prescriptions, lost wages, and public transportation costs.

The lawyer will explain the concept of premises liability law and how it applies to your case. They will likely also advise you to keep the details of your accident to yourself. This means not posting anything on social media or giving statements to the park or city authorities without your lawyer present.

Premises Liability Laws in Dallas

Premises liability laws in Texas hold all property owners responsible for maintaining a safe environment for visitors. If you want to win your legal case, your lawyer must prove the following:

Duty of care: The park owes you a duty of care (sufficient maintenance).
Breach of duty: The park or city authorities failed to maintain the park or address a known hazard.
Causation: This negligence directly caused your slip and fall accident.
Damages: You suffered injuries and incurred several expenses because of the accident.

For example, this means proving that an uneven surface that should have been fixed by park authorities caused your fall. It may be that the city has been informed about uneven or broken surfaces before but did not take steps to fix the situation. And the city failed to warn visitors about this hazard, which then caused your fall.

Your lawyer, who ideally specializes in premises liability, can help you prove these elements in court. A lawyer can also help if you decide to settle out of court.

Protect Your Rights After a Slip and Fall Accident

Slipping and falling is always stressful and can lead to serious injuries. If you have the misfortune of slipping and falling in a public place, protect your rights by consulting a lawyer. A lawyer has the expertise and experience to help you work towards a fair claim resolution.

Sources

https://lawteam.com/seeking-injury-compensation-after-a-public-park-accident/

https://www.rutbergbreslow.com/blog/2024/04/legal-options-when-you-slip-and-fall-in-a-public-park/

https://dallascityhall.com/departments/humanresources/DCH%20Documents/pdf/NoticeOfClaim.pdf

https://www.cityofdenton.com/DocumentCenter/View/3546/Texas-Torts-Claims-Act-PDF

https://www.wilhitelawfirm.com/blog/file-claim-injured-in-public-place/

https://www.mcgilberryandshirer.com/premises-liability/

https://romclaw.com/can-the-government-be-held-liable-for-slip-and-fall-injuries-in-texas/