McKinney Slip and Fall Claim Process

From the plaintiff’s perspective, the McKinney slip and fall claims process is necessary but frustrating. Slip and fall claims in Texas have specific requirements and elements. The plaintiff and their lawyer must present evidence to show that the defendant knew or should have known of the premises defect. If the lawyer is able show that due processes or procedures were not followed and provide evidence that the defendant created the danger themselves, the defendant may be required to pay the claim. If the plaintiff cannot show that, summary judgment may resolve the case against the injured party without even having an opportunity to present their case to a judge or a jury to determine the amount of any liability.

Unique Factors of Slip and Fall Claims

One other thing that is frustrating and different about slip and fall cases is that much of the evidence the injured person needs is in the hands of the defendant. As an example, when the defendant is a corporate entity such as a store in a slip and fall case, the plaintiff may need the store’s schedule for walking the premises for cleaning, or their logs to determine whether and when an employee went through the store and made sure there were no hazards. That information resides completely with the defendant.

Sometimes, a personal injury lawyer must file a lawsuit before they can secure the evidence needed to overcome summary judgment. That makes the case more expensive and tends to lengthen the process of prosecuting the claim.

Meeting With a Slip and Fall Attorney

In an initial intake meeting, it is important that a potential plaintiff shares everything they know about their prior and current health history, including what areas of the body were injured and how they were injured. If they have prior injuries or disability in those areas, it important that the lawyer knows about them.

When people are injured in a slip and fall case, especially if they are badly injured, they are sometimes taken from the scene immediately by ambulance. The premises owner has all of the evidence and the injured person has none. Accordingly, it is critical that injured persons take pictures, collect evidence, and obtain names while that information is available. The plaintiff should be prepared to share everything they know about how the fall occurred, why the fall occurred and how badly that the client was injured in the fall.

Without a good chance of developing that evidence, the case may be lost before it is even started. The lawyer also asks questions to identify the degree of damages and determine whether there are future damages that need to be developed as part of the case.   As part of case intake in these slip and fall cases, the lawyer will want to see pictures of the premises and pictures of the defect to see not only if the condition is likely known to the premises owner or occupier, but also to start to determine if the condition is open and obvious to persons using the premises.

Schedule a Consultation With an Attorney to Learn About the Slip and Fall Claim Process

To learn more about the McKinney slip and fall claim process, it may be beneficial to schedule a consultation with an experienced personal injury lawyer. An attorney could explain the various steps in the litigation procedure, from settlement negotiations to deposition to a possible trial. Reach out today to learn about your legal options.