Allen Slip and Fall Lawyer
Most people in Allen go about our day-to-day errands without thinking about getting injured. They assume that there is a safe environment waiting for them when they do their grocery shopping or stop for a bite to eat. Unfortunately, though, slip and fall accidents happen frequently and sometimes are the fault of those shopkeepers for failing to maintain a safe place for its invitees.
If you or someone you know suffered an injury in a slip and fall accident, it may be worthwhile to speak with a compassionate attorney about your case. An Allen slip and fall lawyer could work with you to address your concerns and determine if you may have grounds for a claim against another party.
The Obligations of Property Owners in Allen
In general, a property owner or operator has an obligation to keep their premises safe and eliminate hazards that cause an unreasonable risk of harm. However, if a risk is obvious or open and an invitee is aware of it, they may not have valid grounds to recover for an injury caused by that condition.
For a slip and fall claim that is based on a theory of negligence, an injured claimant must show that:
- The store owner had actual or constructive knowledge of the condition
- The condition posed an unreasonable harm to the claimant
- The store owner failed to use reasonable care to mitigate or eliminate the risk of harm or alternatively failed to warn of the dangerous condition
- The failure to exercise due care directly caused the injury in question
In Texas most slip and fall claims fall within a premises liability theory of liability although occasionally they will involve a simple negligence action or a negligent undertaking action. A seasoned Allen slip and fall attorney could provide further clarification on the differences between these two types of cases.
Identifying At-Fault Parties in an Allen Slip and Fall Case
Slip and fall cases can raise significant questions about fault, and those questions may dramatically impact an injured person’s right to seek recovery for any damages they suffered. One particularly important question to ask—and which an Allen slip and fall lawyer could likely help answer—is whether a property owner had a fair amount of time to remedy a hazardous situation, or whether it happened too soon for the owner to reasonably be aware of it. If the condition occurred too soon for the owner to be aware of it, the case could be lost before it even reaches trial.
This question is also important as it pertains to Texas’ modified comparative fault law, enumerated under Tex. Civ. Prac. & Rem. §33.001. According to this law, if a person who slips and falls while on someone else’s property were found 51 percent responsible for their own injury by the court, they would be barred from recovering any compensation whatsoever. If instead they were deemed between 1 and 50 percent responsible, they could still recover some compensation, but their recovery would be reduced by their percentage of fault.
How an Allen Slip and Fall Attorney Could Help
Regardless of the merits of a particular slip and fall claim, it may nevertheless be deemed time-barred under Tex. Civ. Prac. & Rem. §16.003(a) if not brought forward within two years of the accident. Sometimes, the time limits are even shorter. It may, therefore, be prudent to reach out to an Allen slip and fall lawyer as soon as possible to preserve the viability of your claim.
Although sometimes seen as just funny or embarrassing, slips and falls can cause serious injuries, and in many cases, such injuries might have been avoidable if a property owner had taken proper care of their premises. If you were the victim of a slip and fall accident, call today to see what an experienced attorney could do for you.