In other words, owners are obligated to take care of their property. When they don’t, it’s more likely that a visitor may be hurt in an incident like a slip and fall. However, you’ll need evidence of a property owner’s negligence to file a successful claim or case.
Instead of going to trial, most cases involving premises liability are settled out of court. Of course, several variables determine the victim’s ultimate settlement. The following information will help you build your slip-and-fall case convincingly and allow you to determine if you may be entitled to compensation under premises liability laws.
Premises Liability in Texas Law
Injuries sustained due to unsafe circumstances on any form of property (the “premises” in legal parlance) may result in “premises liability,” the legal term for potential obligation for damages. The following are some examples of situations that could give rise to a premises liability claim:
- A shopper slips and falls in a supermarket after a faulty freezer leaks water onto the floor.
- A passerby on the sidewalk trips over debris during the construction of an apartment building before falling onto the ground.
- A visitor at a friend’s house sustains a leg injury after falling through several rotted beams on an outdoor deck.
Property owners throughout Texas are held liable under the state’s premises liability law in case of an accident on their land. Essentially, a victim of a premises liability accident in Texas, similar to the vast majority of states, may sue the property owner for compensation if they were hurt there.
Nonetheless, whether or not you have the right to claim compensation will generally be based on your status as a visitor on Texas private property: trespasser, invitee (or consumer/visitor) for business reasons, or guest.
How to Prove Negligence After a Slip and Fall
You must prove that a property’s hazard or flaw brought on the injury you sustained. First, in order to prove the negligence of a Texas property owner caused your injuries, you should ask your doctor for a letter detailing your injuries and how the unknown property damage or danger caused your injury. Make sure that you also save this letter for future reference.
Still, proving that a dangerous situation existed on the property is not enough; you must also establish that the owner knew about it and did nothing to fix or repair the problem. This indicates either real or constructive knowledge on his or her part.
In turn, when an issue has been present for enough time, the owner is said to have had constructive notice of it. Evidence of the owner’s knowledge might be presented in the form of a report, pictures, video, or even a sworn testimony.
Documenting Injuries For Slip-and-Fall Claims
Keeping a diary of everything that has happened to you because of your injuries and copies of relevant medical documents will strengthen your case. Include everything that has occurred as a direct result of your injuries (trips to the hospital, operations, missed work, etc.).
Injuries and commonly occurring damages after an accident are quite costly. That’s why it’s crucial that you keep track of every cent you spend on injury-related costs.
A few key aspects you should document include but are not limited to the following:
- Cost of healthcare
- Loss of pay
- Prospective monetary loss (loss of future earnings or earning potential)
- Reduced quality of life
- The effects of your stress, trauma, and emotional anguish
- Other aftereffects related to pain and suffering
First and foremost, submitting a claim for premises liability may entitle you to compensation for necessary medical expenses, including those incurred for hospitalization, doctor’s visits, medications, and diagnostic procedures. Furthermore, you may be entitled to compensation for lost wages due to your inability to work.
On top of these monetary losses, you may seek compensation for intangible damages, like mental anguish, emotional distress, and the loss of a loved one’s support or company. These losses cannot typically be defined in monetary terms.
To pursue your premises liability claim in Texas, it is generally helpful to file an official report through the property management firm or owner in question as soon as possible. Reporting the event creates a paper trail that makes it harder to conceal the accident and provides you with proof to back up your claim.
Contacting a Lawyer For Texas Premises Liability Cases
Consultation with a skilled Texas premises liability attorney is one of the best ways to improve your chances of obtaining compensation for your injuries. He or she can advise you on how to go about pursuing all available legal options.
Moreover, a premises liability attorney will immediately begin looking into your claim once retained. They will collect data about the incident to support your case, ensuring you have the strongest possible evidence to secure the justice and compensation you deserve.
Examples of such documentation collected by an attorney may include:
- All official and unofficial records of the accident
- Your health history and documentation of the injuries you sustained
- Paystubs to show missing income or loss of future earning potential
- Photos from the scene of the incident
- Any available footage or surveillance tapes from businesses and other property owners in the area
- Verified witnesses statements
You and your attorney should start collecting all of this information as soon as possible. Recalling details or getting the particular information you need, especially from witnesses, may become more challenging as time passes.
Call a Dallas Personal Injury Lawyer For Premises Liability
If you are hurt on private or public property, the owner may be held liable for your injuries. Thankfully, you might be able to recoup some of the costs associated with your damages and recovery, as well as any income you lost while you were unable to work.
For decades now, the people of Texas have put their faith in the attorneys at the Rasansky | McKenzie Law because of our dedication to helping people just like you.
Please call our premises liability lawyers in Dallas at 214-617-1816 if you or a loved one has been hurt in Texas due to someone else’s negligence.
We provide a free initial consultation to assist you and your family in getting started and are available as soon as you’re ready to learn more about filing a claim and safeguarding your legal rights.