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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.

Comparative Negligence

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.

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Reviews

The McCraw Law Group
4.8
Based on 83 reviews
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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
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