Slip and fall accidents are the most common claims that personal injury attorneys handle. These cases occur when someone slips or trips and is injured on someone else’s property, including businesses. Typically, these cases fall under premises liability claims, and the property owner may be held legally responsible for damages if conditions are against them. Whether you’ve fallen and injured yourself at a retail store, restaurant or office building, you may have grounds for a claim. An experienced attorney can evaluate your case and help determine if the property owner failed to maintain safe conditions.
How Fault Is Established in a Slip and Fall Case
In a slip and fall case, there is no precise method to determine who is legally responsible for injuries sustained. Each case will rely on whether the property owner acted carefully to ensure slip and fall accidents were not likely to occur. For example, if the floor is wet due to snow from outdoors, if the business owner places a “Caution: Wet Floor” sign up, they took adequate precautions to warn everyone.
What Factors Determine Fault in Your Case
Property owners have a legal obligation to maintain safe premises for visitors. Therefore, to prove liability in a slip and fall case your attorney will need to show specific evidence of negligence. The following factors are important in determining liability in a slip and fall case.
- The property owner or their staff created the dangerous condition.
- The owner knew about the hazard but failed to address it.
- The owner had reasonable time to discover and fix the dangerous condition.
- The hazard was in an area where visitors would typically walk.
- Adequate warning signs or barriers were not present.
- The dangerous condition violated any safety codes.
When these factors are ignored or neglected, they can become common causes of serious injuries in slip and fall accidents. By gathering evidence and demonstrating how the property owner’s negligence led to your injury, your attorney can build a strong case for compensation.
What Damages You Can Get From a Slip and Fall Accident
Typically, the amount of money the liable individual is forced to pay is based on the injured party’s damages – the cost of medical bills, lost income, and compensation for pain and suffering. Just as a workplace injury lawyer would do in a job-related accident case, your attorney will help calculate all potential damages from your slip and fall incident. Determining the number of losses is simple, and requires you to gather medical bills and add up any time spent out of work. The hard part is calculating pain and suffering. It is an estimate, at best.
Experienced Slip and Fall Attorneys Serving McKinney and North Texas
At Lucé Law, PC, we help clients secure compensation for slip and fall injuries caused by negligence. Our personal injury attorneys can assess your case and offer guidance on the best way to proceed for a fair settlement. To learn more, call (972) 632-1300 or request a free legal consultation today.
