Plano Slip and Fall Lawyer
Slip and fall cases may seem like a simple proposition: a person visits another’s property, gets hurt tripping over an unmarked hazard, and is accordingly owed compensation by the property’s owner. This might seem like an open and shut case, but in reality, slip and fall accidents are far more complicated. Consulting with a Plano slip and fall lawyer may mitigate some of those complications. A distinguished personal injury attorney can help you make the task of pursuing the appropriate defendants that much more straightforward.
Understanding Premises Injury Law
Slip and falls are known as premises liability lawsuits. Premises liability covers all types of accidents that result in personal injury to visitors of another’s property. One main area of concern under Texas law is why the injured person was on the land when the accident occurred. There are three categories that visitors to property can be placed into, each of which is afforded its own legal protections. This categorization significantly impacts a potential slip and fall lawsuit.
Trespassers are people who enter onto private property without any invitation of the owner. These people are afforded the least protection under premises liability laws. They can only successfully file suit if they are injured due to willful or grossly negligent acts by the landowner.
What are Licensees and Invitees?
Licensees are expressly invited onto the property for a non-business purpose; guests at a house party or worshippers at a church are prime examples. These people are protected from willful or grossly negligent acts, as well as any unsafe condition the landowner knows of but failed to warn them about.
People invited onto property for a business purpose—visitors to a grocery store, for example—are considered invitees. A landowner can be held responsible to a business invitee if the landowner either knew of the dangerous condition, or should have known of the condition and failed to either warn of the condition or corrected the condition. This is a somewhat amorphous concept, though, and interpretations tend to vary on a case by case basis. To better understand the types of guests one may be considered liable for, individuals should speak with a Plano slip and fall lawyer who can help determine that.
Abiding by the Plano Statute of Limitations
No matter which status the injured person had at the time of the accident, their case is always controlled by the statute of limitations. This is a time limit on all civil cases under the law. According to Texas Civil Practice and Remedies Code 16.003, any claim alleging personal injury must be filed in court no more than two years from the date of the accident. If this time limit passes and the case is not yet in court, the plaintiff may be unable to recover compensation. For this reason, time may be of the essence in a slip and fall case.
Slip and fall cases are more complicated than they first appear. Insurance companies are well-versed in the law and may take advantage of unrepresented plaintiffs, offering token sums to end cases quickly or even trying to convince injured people that they do not have a case at all. A Plano slip and fall lawyer could work with you to properly analyze your case, gather evidence, and negotiate with insurance companies from a position of strength.