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Slipping and taking a fall can lead to serious injuries. If you slip and take a serious fall, you will likely face significant medical bills and a lengthy recovery period. Dangerous falls can happen anywhere, including in stores, restaurants, hotels, concert halls, and other venues. If someone else’s negligence causes you to be injured in a slip and fall accident, he or she should be held legally responsible for the damages you suffer.
The Elements of a Texas Slip and Fall Case
Every slip and fall case is unique to its own set of circumstances. If you have been injured in a slip and fall that was caused by the property owner’s (or manager’s) negligence, there are several elements that need to be present in order to bring a successful claim for damages:
- The property owner had a duty to protect you by taking reasonable steps to ensure your safety.
- The property owner failed to live up to this reasonable duty of care by either taking steps to warn you about the hazard or remove it
- The injuries you suffered are a direct result of the property owner’s failure to remove or warn you of the hazard.
- The injuries you have endured as a result of the property owner’s negligence are demonstrable.
Mitigating Circumstances
Slip and fall cases are often complicated, and there are circumstances that can mitigate – or be used to attempt to mitigate – a property owner’s liability:
- The property owner may argue that you were adequately warned about the danger that caused you to be injured.
- The property owner may argue that he or she did not have enough notice of the danger at hand to either adequately take care of it or to provide warning.
- The property owner may argue that, had you taken common-sense measures, you could have prevented your accident in the first place.
In other words, many property owners attempt to minimize their liability in slip and fall accidents. If you have fallen and been injured as a result of someone else’s negligence, however, your rights matter.
Your Slip and Fall Case
If you are out and about doing some shopping or enjoying a neighborhood restaurant, the last thing you expect is to be injured in the process. If you do slip and fall, your first impulse may be to apologize for your clumsiness – it is human nature. That automatic apology, however, can later be misconstrued as an admission of fault. Slip and fall accidents can be extremely injurious, and obtaining the compensation you are entitled to is critical to your complete recovery. Do not shoulder the blame for someone else's negligence.