Before a resolution can be reached in a slip and fall case, plaintiffs must determine if a property owner is at fault, under Texas’ unique law. A seasoned Frisco slip and fall lawyer knows how complicated slip and fall cases can be. Fortunately, they may also help people injured on someone else’s property file a claim against the proper defendants.
Many slip and fall cases are highly dependent upon discovering the exact circumstances of the hazard and the accident it subsequently caused—in particular, what the landowner knew and when they knew it. For this reason, an attorney is needed with skill and experience in gathering evidence from property owners. Distinguished personal injury attorneys are dedicated to determining the true story behind every slip and fall case.
Texas has a somewhat unique process for determining fault in trip and fall accidents. In most slip and fall cases, the hazardous condition is handled using premises liability theory. This theory examines why a person was on the land when they were hurt, in order to determine how much responsibility the landowner bears for protecting them. The level of protection depends on why the person was on the land and how the owner uses their land.
Frisco slip and fall attorneys know that people who enter land without the owner’s permission can only file a case when the landowner intentionally caused them harm. Otherwise, people who are unlawfully on someone else’s land—or in legal terms, trespassers—cannot file a premises liability claim in Frisco.
On the other hand, business owners are required to protect visitors or warn visitors from any harm of which they have knowledge. The specific protections required depend on the reason the visitor is on their property.
Those who enter the property with permission for a specific economic purpose, such as groundskeepers or maintenance workers, are considered licensees. Property owners must protect licensees by ensuring their land is free of any hazards of which the owner is aware.
Anyone on the land with the owner’s permission for the benefit of both parties is an invitee, and landowners must ensure they are safe from hazards they know about as well as any they reasonably should have known about. Houseguests in a private residence and customers shopping at a store open to the public are both considered invitees. For more information on how to distinguish types of visitors, property owners should speak with a Frisco slip and fall lawyer immediately.
Some of the most common injuries seen when someone suffers a serious fall are orthopedic in nature. This includes broken bones, torn ligaments, and torn tendons. Additionally, when people fall on their backs, they likely can suffer spinal cord trauma or traumatic brain injuries.
While many people assume slip and falls are relatively minor, local attorneys often see these accidents require substantial medical treatment. In some cases, the damage could be long-term or even permanent. Therefore, it is imperative to seek legal restitution from the party responsible.
Slip and fall cases can be difficult to pursue for people not represented by an attorney. Much of the evidence in the case can only be obtained through careful requests for information and precise questioning. Because of this, the outcome of many of these claims is often determined by how effectively the plaintiff can frame their case within the letter of the law.
Frisco slip and fall lawyers may work to serve clients by forming well-researched and detailed demand packages that outline the law and their right to compensation. These packages are designed to convince insurance companies of the fault of their clients and to avoid unnecessary trials. Contact a Frisco slip and fall lawyer to begin discussing the possibility of pursuing your case.
McCraw Law Group