Benefits of a McKinney Slip and Fall Attorney
A slip and fall is a type of premises liability accident that typically occurs when someone either slips, falls, or trips over a hazard on a piece of property. Slip and fall accidents are classified as premises liability cases as opposed to generic negligence cases. That distinction is very important; negligence causes of action are generally much easier to prove than a premises liability claim.
If you have been injured in a slip and fall accident on someone else’s property—be it a business or a private residence—you may wish to contact a lawyer. The benefits of a McKinney slip and fall attorney include experience litigating premises liability cases and expanded resources to collect evidence and hire expert witnesses.
Common Scenarios that Cause Slip and Falls
A common cause of slip and fall accidents is a substance that is either placed or allowed to remain on floors, such as spilled milk in a grocery store aisle. Another common scenario is when a premises has a physical defect that creates a danger, such as a raised sidewalk or a stair that is too high, or perhaps a cord or some type of an obstacle across a walkway. In addition, there are premises liability cases involving merchandise or shelving that is not in appropriate place or extends into a walkway.
Slip-and-fall cases could lead to any number of injuries, but most are orthopedic in nature, such as broken bones, torn ligaments, and ripped tendons. More severe cases may involve a head or spinal injury. It is very common to have orthopedic injuries that require several surgeries after serious slip and fall injuries.
A slip and fall lawyer could work to document a plaintiff’s physical injuries and their associated costs to ensure that any compensation demand package covers the full range of damages.
What Makes Slip and Fall Cases Challenging?
Generally, most injury cases are governed by the simple negligence standard. If a person owes a duty to another, and the person injures another by not acting as a reasonable person would in the same or similar circumstances, liability exists. For premises cases, including slip and fall claims, the court must also consider the classification of the injured person, the type of activity the injured person was engaging in and the place where the activity was occurring to determine liability and accountability for the injury. An attorney with experience in slip and fall cases could begin to form a claim that considers each of these factors.
How a Slip and Fall Lawyer Operates
The first thing a slip and fall lawyer might examine during an initial consultation is whether the case is strong enough to move to full litigation. To do that, they generally look at what the premises owner or the person who created the condition knew or should have known about the underlying hazard. If they can show that the knew or should have known of the danger and failed to warn about it, the case usually merits further review.
A lawyer may also determine whether a condition is naturally or artificially created. For instance, naturally occurring ice is not actionable in Texas, even if the landowner knew or should have known it would create danger presumed to be an open and obvious situation. The case law has developed in a way to simply exclude naturally occurring hazards on property.
In addition, the lawyer could show that while the owner or occupier know or should have known of the hazard, the hazard was not open and obvious to the injured person. Very often this is a tricky point to establish and requires significant investigative work. One of the benefits of an experienced attorney is that they may have strong resources to collect and preserve valuable evidence during an investigation.
The Benefits of a McKinney Slip and Fall Lawyer
Whether you slipped and fell on a wet floor or tripped over an uneven walkway, you have a legal right to pursue compensation for your injuries. An experienced lawyer could help you hold the property owner accountable. There are myriad benefits of a McKinney slip and fall lawyer, including knowledge of premises liability law, understanding of the investigation process, and experience negotiating with insurance companies. Call today to schedule a consultation.