Establishing Negligence in McKinney Slip and Fall Cases

A crucial step in a successful slip and fall claim is to establish negligence on the part of the property owner. An attorney must prove that the property owner or manager owed a reasonable duty of care to the injured party and failed to deliver that care.

The greater the cause and effect relationship between the duty and the injury, the stronger the proof is that but for the breach of this particular duty, the injury would not have occurred. An experienced attorney could assist a plaintiff in establishing negligence in McKinney slip and fall cases and work towards recovering compensation.

Common Defendants in Slip and Fall Cases

In a slip and fall case, the premises owner and occupier are the primary defendants. The owner and occupier are not always the same, however, and could be different people or different companies. For instance, the premises owner could be the landlord and the occupier could be the tenant in a strip shopping center. In some situations, the landlord may not have any knowledge of the premises defect but the tenant, the person actually occupying the property, does have knowledge of the defect. In those situations, it might be completely appropriate to bring a lawsuit against the store owner and not the premises owner.

The same thing can happen in reverse. There are times in which the premises owner may know about a problem that the tenant store owner is not responsible for under their contract. As an example, a shopping center may have a problem with the outside sidewalk directly in front of a particular business. The landlord may be responsible for the upkeep and maintenance of the sidewalk exclusively, even if it is adjacent to a particular store.

Role of Witness Testimony In Establishing Responsibility

Sometimes, the best evidence of what happened in a particular slip and fall accident comes from witnesses. There may be evidence to show what else was going on around the scene that proves the specific defect was not open and obvious.

For example, a witness may overhear store employees discussing the incident and someone states that the issue should have been corrected months ago. The admission becomes evidence that can be used at a trial to show the property owner knew or should have known of the problem. In addition, witness testimony could establish plaintiff’s damages. Disclosing condition of the injured party before and after the accident is critical to showing the extent of their injuries and the necessity of a complete recovery. An attorney could help find suitable witnesses and collect testimony for litigation.

Valuable Evidence in a Slip and Fall Case

Pictures of the condition or danger, videotapes of what took place, and sometimes videotapes of the fall may all be essential evidence in a successful slip and fall case. Measurements of the hazard that caused the accident are also important, such as the height difference of a curb or door threshold that caused the fall.

Store evidence includes records that only the store maintains about what they do or do not do in certain situations. That is on-the-scene evidence that must be preserved and produced later. No store is going to tell anyone at the scene of an incident right after somebody’s fallen, but careful pleading and discovery can sometimes establish those types of facts.

An Attorney Could Help Establish Negligence in a Slip and Fall Case

Establishing negligence in McKinney slip and fall cases is an important step in recovering adequate compensation after an injury. An experienced attorney may have the resources and knowledge to collect important evidence and identify which party should be a named defendant in your personal injury claim. Contact a lawyer today.

Free Consultation


The McCraw Law Group
Based on 84 reviews
powered by Google
Mary Thompson
Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a lawyer.read more
Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
Next Reviews