Slip and fall accidents
As a victim of a slip and fall accident in Texas, your lawsuit must have specific elements to win compensation. The key in a slip and fall case is to prove someone else was 50% or more at-fault for the accident. Since the rise of more and more false slip and fall lawsuits, the courts are more stringent than ever about the proof that must be present to win a case.
What Texas Law Says About Slip and Fall Cases
Slip and fall cases involve premises liability laws, where an unsafe or defective property condition caused the victim’s injury. If you slipped and fell on someone else’s property, do not assume the property owner is automatically at fault. To win compensation for your injuries, you must prove the property owner failed in his or her duties to provide a reasonably safe environment for visitors.
Proving negligence in a slip and fall case is not always easy; it requires the aid of a knowledgeable premises liability attorney in Texas to succeed. Not only does the plaintiff have to prove the property was unsafe but also that it was unsafe due to some action or inaction of the property owner. Premises liability laws in Texas are detailed and that alone makes it difficult for an injured person to win compensation without the help of an expert personal injury attorney.
An example of premises negligence is when a property owner fails to repair a sidewalk he or she knows is dangerously uneven, causing someone to trip and break a bone. The plaintiff would need to gather evidence of the faulty sidewalk using key witnesses and evidence that the owner should have reasonably known about the defect.
Then, the plaintiff must prove the owner could have repaired the defect before the accident occurred but was negligent in his or her duties as a property owner. Finally, the plaintiff has to prove this negligent directly caused the accident that resulted in injury. Throughout the trial process, the victim also needs to file the correct claims with the state courts and sit through the discovery, deposition, and mediation phases before going to trial.
The most difficult part of a slip and fall case is proving someone else was responsible for the incident. Not every unsafe premises condition is due to someone’s negligence. The property owner must be directly at fault for the dangerous environment for the courts to allocate any sort of award.
Spills, worn spots, uneven sidewalks, dangerous objects, torn carpet, loose flooring, and poor lighting are all examples of property owner negligence that could potentially lead to a slip, trip, and fall accident. If the property owner did everything in his or her power to prevent injury, such as placing warning signs around the dangerous area while waiting for a repair person, the courts most likely will not hold the owner responsible for an accident.
If the property owner knew about the hazard and failed to act to prevent injury, it may be a case of premises liability. However, the plaintiff must also examine his or her own percentage of fault in the accident. In many slip and fall cases, the courts find the victim at least partially responsible for the accident.
Contact Killeen Slip and Fall Lawyers for Peace of Mind
If a property owner’s negligence contributed or caused your slip and fall accident, contact Ted Smith Law Group, PLLC, to speak with an experienced Texas slip and fall lawyer. We know slip and fall accident cases can seem daunting to injured victims, but we’re here to make your journey easier. When you need peace of mind during a slip and fall settlement, trust us to handle your case.