Sherman Slip and Fall Lawyer

Establishing Negligence in a Slip and Fall Case

Often in slip and fall cases, the defendant will attempt to argue that a victim is fully or partially liable for their injury. This is called comparative negligence. It is a factor both in the settlement negotiation stages with the insurance companies and at trial. Examples of comparative negligence include, but are not limited to:

• Someone was distracted and not paying attention
• The victim was wearing improper footwear
• The person entered the property where visitors were not permitted
• There were reasonable precautions taken to warn visitors of the danger
• The dangerous condition was apparent to the average person

If someone shared any responsibility for their injury, the settlement or award may be reduced proportionally to their degree of fault. Pursuant to the Texas Civil Practice and Remedies Code Chapter 33, the state has a policy of modified comparative negligence. This means that as long as someone was 50 percent or less responsible for the injury, they may still recover damages, however, the damages may be reduced by the amount of fault they share.

If a victim was found to be more than 50 percent responsible for their injury, they generally cannot recover any damages from the defendant. Fortunately, a slip and fall attorney in Sherman could help them gather evidence to make a strong case against the property owner and prepare for any potential defenses.