Prosper Slip and Fall Lawyer
If you recently suffered injuries from a slip and fall, you may want to consult with a personal injury attorney. The skilled and practiced counsel of a Prosper slip and fall lawyer could provide you with the knowledge you need to effectively pursue a positive outcome for your case.
Statute of Limitations Applicable to Prosper
The State of Texas enforces a two-year statute of limitations for all personal injury cases filed in a civil court under Texas Civil Practice and Remedies Code §16.003. This means that from the moment an individual slips and falls, a legal “timer” begins running on that case.
Should a prospective plaintiff fail to file a claim within two years of their accident, their right to pursue damages for that injury may expire. The sooner a case is brought to a Prosper slip and fall attorney, the more time that attorney could have to build a legal claim on an injured person’s behalf and argue that the owner or employee of the premises was at fault for their injuries.
Proving Fault for a Slip and Fall
While an injury sustained from a slip and fall can be painful and expensive, the fact that one occurred is not enough on its own to hold another person legally responsible for it. To find a property owner liable for the person’s injuries who slipped and fell, an injured party must prove one of three things.
Property Owner Caused the Danger
One potential way to establish civil liability would be to show the property owner created the danger that caused the plaintiff to trip, fall, and injure themselves. This type of case can be challenging to prove without a witness, though, as the property owner would likely deny that they caused the danger in order to avoid making any admission of guilt.
Property Owner Knew of and Failed to Fix the Danger
Another means by which a trip and fall lawyer in Prosper may attempt to establish fault is if the owner of the premises did not necessarily cause the danger, but they knew of the threat and then failed to remedy the situation. After establishing this, the dangerous condition would then need to be shown to be the cause of the injury. In Texas, however, it should also be noted that choosing to warn the invitee of the problem and not correct the danger could be enough to escape liability in certain situations.
Property Owner Failed to Act “Reasonably”
The final and most common means of establishing liability for a slip and fall is proving that the property owner failed to act “reasonably.” If a reasonable person would not have done what the owner did, then they may be considered legally negligent. To prove negligence, the owner or operator of the property must have had actual or constructive notice of the condition, and the condition must have been concealed so the plaintiff was unaware of the danger.
A common counterargument against civil recovery is that the injured person’s carelessness is partially responsible for the accident. This is referred to as “comparative negligence.”
Under Tex. Civ. Prac. & Rem. Code §33.001, a victim may still file a claim if they are not more than 50 percent liable for their injuries. However, their total recoverable damage would be decreased by the percentage of responsibility they were found to bear.
Comparative negligence can be a powerful tool that a defendant can use to limit their liability and the total payout due to the injured party. An experienced legal representative could examine the facts of a particular case to determine the liability that may fall on a slip and fall victim and pursue damages accordingly.
Contact a Prosper Slip and Fall Attorney
If you were recently injured from a fall on someone else’s property, you should consider calling a Prosper slip and fall lawyer to get a better understanding of your legal options. Depending on your circumstances, you may be able to seek civil compensation for your damages. Call today to schedule an initial consultation.