Many people each year become the victim in a slip and fall accident that occurred while they were shopping at a local retailer. These accidents can be caused by a variety of factors that may include:
- Wet and slippery floors
- Failure of employees to clean up spills
- Failure to use warning signs notifying the public about wet floors or other hazards
- Uneven walkways or broken sidewalks
- Poorly designed steps or ramps
- Inadequate or poor lighting conditions existed
- Loose rugs or floor mats
It is important to obtain statements from witnesses or to get photos of the conditions where the injury occurred. A claimant may be more successful in their case when they can show that a hazardous condition existed.
Proving Fault in a Premises Liability Case
Slip and fall cases are litigated under what is known as “premises liability”. In order to prove negligence, the plaintiff must be able to show that:
- The owner was the cause of the dangerous condition.
- The property owner was aware of the dangerous condition and did nothing to remedy the situation.
- The owner should have known that a dangerous condition existed and took steps to fix it.
In addition, a business owner is required to make regular inspections on their property to discover any condition that could harm the public. The laws regarding premises liability law in slip and fall cases can vary in each state. The State of Texas follows the modified comparative negligence 51 percent bar rule. This means that if the injured party is less than 51 percent responsible for the accident, they can still recover compensation for their injuries.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationHow to Seek Damages for Your Injuries
When someone is injured as a result of a dangerous condition on the premises of a business owner, they have a right to be compensated. Over one million people are seriously injured each year in these types of accidents and a victim has a right to recover both economic damages and non-economic damages. Compensatory damages might include:
- Medical expenses including emergency room treatment, ambulance and hospital costs
- Rehabilitation costs such as physical therapy
- Loss of income due to inability to work because of injuries sustained
- Pain and suffering that may be both physical and mental
- Permanent physical impairment or disfigurement
- Loss of the ability to enjoy life due to severe injuries or constant pain
Some victims may be able to seek punitive damages if they can show that the defendant’s conduct was reckless in their disregard for safety. Punitive damages are used to punish the defendant for their behavior and to deter others from acting in a careless manner in the future.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationHow a Personal Injury Attorney Can Help
If you have been the victim in a premises liability case, it is important to contact a premises liability lawyer in Corpus Christi immediately. The law limits the amount of time in which the plaintiff can file a lawsuit. In the State of Texas, the statute of limitations requires the injured victim to commence litigation within two years from the date of injury. Please contact us today to find out how we can be of assistance.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
