An injury on someone else’s property does not automatically make the owner liable. Whether you have a case often comes down to whether a McKinney slip and fall attorney can prove negligence. Lucé Law, PC helps injured people in McKinney, Collin County and North Texas understand how premises liability claims are evaluated.
Not every fall occurs because someone was careless. The first step in knowing where you stand is to determine if negligence led to the fall.
What Is the Difference Between an Accident and a Legal Claim?
Sometimes a person loses their footing with no hazard or defect involved. Other times, the fall happens due to a condition the property owner created, knew about, or should have discovered. While both scenarios can lead to injury and medical bills, it’s the failure to take reasonable care that separates an accident from a claim.
What Must Be Proven in a Slip and Fall Claim?
A slip and fall claim usually depends on several factors an attorney will review. Here are the key factors an attorney will consider.
The Property Owner or Occupier Owed You a Duty of Care
Responsibility for a slip and fall accident doesn’t always rest with the property owner. A business, tenant, property manager or another party in control of the space can be the one who owed the duty of care.
That duty generally means protecting visitors from hazards the owner or occupier knew about or should have discovered. And since more than one party can be responsible for inspection, cleaning or maintenance, an experienced slip and fall injury attorney can help identify who is actually liable in your case.
A Dangerous Condition Was Present
A claim requires a condition on the property to have presented an unreasonable risk of harm. This could be a loose handrail, liquid spilled on the floor, or exposed cables across a walkway. Hazards are often fixed or removed soon after an accident, so an attorney may rely on photos, witness accounts or surveillance footage to show what the area actually looked like at the time.
The Responsible Party Failed in Their Duty
Liability also involves proving the responsible party breached their duty of care. A breach happens in one of three ways. One scenario could involve a responsible party creating the hazard, such as an employee spilling liquid and failing to put up warning signs. The second is knowing about the hazard and failing to take the necessary steps to fix it, such as ignoring a report of a broken handrail. And third, they should have known about the hazard but failed to discover it.
A reasonable response depends on how bad the hazard is. Cleaning up a spill and blocking it off for a few minutes might be enough. However, a broken step could mean closing off that whole area until the step is repaired. And even a warning sign does not guarantee protection from liability if it’s poorly placed or hard to see.
The Hazard Caused Your Fall and Injuries
A slip and fall attorney must also link the hazard to the fall itself, not just its presence in the same location. Plus, other contributing factors (such as an unrelated medical event) must also be ruled out. A claim requires a documented injury and measurable costs like medical bills or lost income. And if your injury happened at work, a workplace injury attorney can advise you on the right steps to take.
Contact Us for Help With a Slip and Fall Claim in North Texas
If you were hurt in a slip and fall accident, speak with the personal injury attorneys at Lucé Law, PC. With more than 40 years of experience serving clients across Texas, we’re here to help you understand your options and pursue the compensation you deserve. Call (972) 632-1300 or request a free legal consultation.
