Burden of Proof in McKinney Slip and Fall Cases

What Victims Need to Prove for a Slip and Fall Claim in McKinney

When someone files a slip and fall claim, they have the burden of proof. If they do not prove each and every element of the claim, they lose. They are required to prove liability which might change depending on who the premises owner is and who the plaintiff is in regard to the premises owner.

Most slip and fall claims involve a business invitee, someone who is invited onto a property for the purpose of doing business. Usually, a plaintiff must show that the premises owner knew or should have known of the problem causing the injury to a business invitee.

In certain situations, the injured party is considered a licensee and not an invitee. When a person on the property is not on the property for the potential economic benefit of the owner or occupier but is on the property with simple permission to be there, that person is known as a licensee. When a licensee is injured, it is the burden of the injured person, the licensee, to prove that the premises owner actually knew of the problem and chose not to correct it or warn about it. It is a higher standard than with a business invitee because the injured person must prove actual knowledge by another regardless of the premises owner or occupier should have known of the dangerous condition. If that is not possible, the case may be disposed of by summary judgment against the injured party without a trial.

Competent lawyers addressing the burden of proof for McKinney slip and fall cases begin working on the case by developing the evidence through discovery and the deposition process. They put together the evidence of knowledge of the dangerous condition first because if they cannot put the evidence together, they lose the case.

With the help of the victim, lawyers could put together a value to the damages the victim has suffered. That involves obtaining medical records, getting doctors testimonies, and sometimes obtaining testimony from an economist when there is a lost earnings capacity. When the amount of future care needs is significant, the lawyer puts together a life care plan with the help of a professional life care planner to show the type of medical care and other assistance the injured party needs.

For instance, when a person is injured in a bad fall and is confined to a wheelchair for many months or even for years, home modifications may be necessary. Sometimes, having a vehicle retrofitted makes it easier for the person to travel and makes them independent. A ramp into the home or expanding a bathroom to be handicap accessible may be needed.

When special accommodations are needed, the lawyer puts the evidence together so the jury is able to establish the value of damages and compensate accordingly. The lawyer also gathers evidence that demonstrates how the accident personally affects the injured party. In Texas and in most other jurisdictions, an injured person could recover what is called non-economic damages, or as some competent lawyers call them, human damages. They are damages for pain, suffering, and impairment. When someone has a severe impairment, they are more at risk of additional danger going forward. The jury could take that into consideration when putting the damages together.

As an example, the lawyer for the injured person obtains testimony to show a jury that because their client is now dependent on a walker or is wheelchair-bound, they are in greater danger if something such as a fire happens in their home. Criminals prey on the weak, and anything that makes somebody look weaker makes them a potential victim of crime. The lawyer assesses what changes can be made in the person’s life to make them safer in those areas and provide the costs for those losses.