Wylie Slip and Fall Lawyer
Even a simple slip and fall accident can result in very serious injuries. These incidents are often caused by dangerous conditions the property owner either knew about or should have known about. When this is the case, the owner can be held liable for the harm caused by that condition.
If you have suffered injuries after slipping and falling and believe the negligence of another person or entity could be the cause, consult a Wylie slip and fall lawyer for a case evaluation. You may be entitled to compensation to help cover the emotional and financial costs of the fall, including pain and suffering, medical expenses, and time lost from work. Our skilled personal injury attorneys could help you hold the careless party financially responsible.
Proving Negligence Under the Legal Standard
In a slip and fall case, a property owner can be held liable for a dangerous condition that they may or may not have created on their property under the legal standard of negligence. The owner may be held liable if it can be proven that:
- A condition existed on the property that posed an unreasonable risk of harm
- The owner or operator of the property had actual or constructive notice of the condition
- The condition was concealed so the plaintiff was not aware of the danger
- The owner or operator did not exercise reasonable care to repair the condition or reduce the risk posed by the condition
- The failure to exercise such reasonable care caused an injury
It is difficult to prove an owner had constructive knowledge of a condition, or that they should have known of the condition. Even showing that a property owner put a foreign substance on the floor which created a slippery condition may not be sufficient to demonstrate the owner had actual or constructive knowledge of the existence of the hazard. A dedication lawyer could help an injured victim prove negligence in a slip and fall case.
Evidence is Crucial to Prove an Owner’s Fault
Each one of the elements in a premises liability case must be proven, which makes it extremely important to collect as much evidence as possible. Witness statements are often very helpful, as are photographs of the scene where the incident occurred. For instance, if a witness can testify they saw the dangerous condition for a substantial amount of time, that could indicate that the property owner had constructive knowledge of the condition.
Witnesses can also testify as to whether the injured person was exercising due caution to avoid harm. When the person injured in the slip and fall incident is found to be partially at fault, the amount they can recover may be reduced by their amount of responsibility.
For instance, if the person who fell was looking at a cell phone while walking, the court may find that they were 40 percent responsible for the accident. Under the legal rule of comparative negligence, they would then be able to recover 60 percent of the total damage award. Speak with a slip and fall attorney in Wylie for more information establishing liability.
Consult With a Wylie Slip and Fall Attorney
Slip and fall cases can be difficult to prove, but an attorney with experience handling premises liability cases in local courts could use their knowledge of the relevant laws to leverage a case. If you slipped and fell because of another person’s negligence, a Wylie slip and fall lawyer could obtain strong evidence to help you seek compensation for your injuries. To learn if you may be entitled to compensation, contact the trusted lawyers at our firm.