Bringing a Texas Slip and Fall Claim
While the thought of a slip and fall accident probably does not strike fear in you, slip and fall accidents are often quite dangerous and can lead to severe injuries. Property owners, such as shopping establishments, owe their visitors and customers a duty of care that includes safe passage through their properties. Slip and fall claims are often complicated, so if a property owner’s negligence has left you injured, you need an experienced Central Texas personal injury lawyer.
Premises Liability Claims
Slip and fall accident claims fall under the category of premises liability law, and each case is specific to its own circumstances. To have a viable premises liability claim in the State of Texas, it must be determined that the property owner or manager is at least 50 percent responsible for the accident and resulting injury. This means that you – as the injured party – cannot be more than 50 percent responsible for the injury you have sustained. Put more simply, if your own carelessness played a larger role than the business owner's or manager's negligence, you will not be able to recover compensation for your losses.
The Elements of a Slip and Fall Claim
If the negligence of a business owner (or private property owner) leaves you injured in a slip and fall accident, you will need a “fact pleading” to illustrate the specific facts of your claim. This pleading allows the court to determine if your case contains all the necessary elements for a premises liability claim:
You were on the property lawfully (and were not trespassing).
The responsible party either owns or is in possession of the premises on which you were injured.
The condition of the property put you at unreasonable risk of harm.
The property owner either knew or should have known about the hazard that put you at risk.
The property owner failed to remove the hazard or to adequately warn you about the hazard.
The property owner’s failure caused you to be injured.
You sustained real damages that caused you to incur expenses.
When you are an invited guest in a business – when you are shopping for example – you have the reasonable expectation that hazardous conditions will not endanger you. If you end up being injured because of the property owner’s negligence, the situation is very different and you need experienced legal counsel to protect your rights. The injuries caused by slip and fall accidents are often very serious and necessitate costly medical care.
If You Have Been Injured in a Slip and Fall Accident, Consult with a Central Texas Personal Injury Attorney Today
Slip and fall accidents are deceptively dangerous, and if you have been injured in such an accident you may not know where to turn for help. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Central Texas has the experience and dedication to help guide your claim toward its most positive resolution. Your rights and your rightful compensation matter, so please contact or call us at (254) 220-4225 today.