Slip and Fall Lawsuits: What You Need to Know
One of the most common personal injury lawsuits is a “slip and fall” lawsuit. While these cases are relatively common, they are not quite as simple as they can seem. So, Reynolds & Reynolds Law Firm has prepared this short, informative guide on slip and fall lawsuits!
What is a Slip and Fall in Texas?
Slip and falls accidents fall under the umbrella of premises liability law. Premises liability law establishes that business property owners have a legal duty to care for their customers and the general public. This responsibility means that the business owner is responsible for ensuring that their property is safe and secure. However, sometimes business owners are not up to the task, and customers get hurt on the premises. When this occurs, the injured party may have the opportunity to receive financial compensation for their injuries.
Proving a Slip and Fall
Who is Liable?
When a slip and fall occurs on a company’s premises, the owner or an employee is often the one who is responsible. One example of this would be if a landlord asked an employee to mop the apartment clubhouse, the employee forgot to put out a wet floor sign, a resident slips and suffers an injury. In this situation, the liable party would be the business owner, but you have to prove they were at fault to receive compensation.
Did the Liable Party Do Everything They Could to Prevent the Slip and Fall?
To receive compensation from the liable party, you have to prove that the property owner’s negligence caused your injuries. To prove that someone was negligent, you have to prove that “the property owner failed to act as any reasonably prudent person would have acted under circumstances similar to those leading up to the accident.” If the property owner did not act reasonably, then they were negligent. There are a variety of factors that legal teams consider to answer this question:
- Did the hazardous conditions exist longer than a reasonable person would have allowed?
- Did the property owner routinely check their property for hazards?
- Was there reasonable justification for the cause of the hazard?
- Could the hazardous condition have been made less dangerous through preventive measures such as warning signs?
Proving You Did Not Cause the Accident Yourself
There are times that the plaintiff is responsible for their injuries, so the plaintiff must prove that they were not at fault. When determining who was at fault for the injuries, the State of Texas follows the comparative negligence rule to determine who is responsible for the accident. More specifically, comparative negligence means that if the plaintiff is less than 50% responsible for the accident, they may collect compensation. When determining if the plaintiff is at fault, there are a few things to consider:
- Did the plaintiff engage in any activity that might have prevented them from noticing the hazard?
- Did the plaintiff have lawful access to the location where the accident occurred?
- Was the plaintiff knowingly ignoring the safety measures? (i.e., wet floor signs, caution tape, etc.)
A slip and fall lawsuit is much more complicated than it seems. The Law Offices of Reynolds & Reynolds, PLLC, have motivated slip and fall lawyers who will work hard to help you put the pieces of your life back together. Check out our reviews and then contact The Law Offices of Reynolds & Reynolds, PLLC, at (214) 891-6606 for a free consultation. There will be no attorneys’ fees for you to pay unless we obtain financial compensation for you.