If you have slipped or fell on someone else’s property and have been unsuccessful in gaining compensation from them, it may be time for a lawsuit. However, when venturing into the lawsuit route, it is a good idea to receive legal counsel from an experienced attorney because, in Texas, the requirements for slip and fall cases are very specific and not everyone can handle a case like this on their own. These are very difficult cases to fight. This is due to the fact that if you slip and fall on someone else’s property and injure yourself, they may not be at all liable for your injury. You must prove that the landowner acted negligently and said negligence caused your injury. This is no easy thing to prove. So what are some common, everyday conditions that can result in the possibility of a slip and fall case?
COMMON EVERYDAY CONDITIONS THAT CAN CAUSE A SLIP OR FALL:
- slick or wet floors
- slippery surfaces
- cracked sidewalks
- broken stair rails
- uneven floors or cracked flooring
- torn or loose carpet
- falling objects
- high-stacked merchandise
- poor lighting
- dangerous conditions caused by weather
Many of these situations are normal, but if an injury stems from one of the above, on someone else’s property, you may have a case. However, the type and cause of your slip or fall is not the only thing to consider in whether or not you have a case. Your relationship to the property owner also has something to do with liability.
- If you were invited, whether directly or indirectly, to a property by the owner, this may affect whether or not you have a case. If the property is a shop, all visitors were invited indirectly, but invited nonetheless. This causes a relationship between the owner and visitor in the sense where if there is an injury, the property owner must be aware or should have been aware of the potential hazard. In order to have a case, you must prove that the owner either was aware of the hazard, or should have been aware.
- If you possess a license to enter a property, such as a mailman, door-to-door salesperson, social guest, etc., you may be able to provide enough evidence for a slip and fall case if you are injured on someone else’s property. In this situation, you must prove that there was first a specific defect as well as that defect being the cause of your injury. You must also prove that the owner either knew about the hazard or should have known about the hazard.
- If you are trespassing on someone else’s property and are injured, you may not have a case at all. This is only true if there the area is not fenced in or the fence is wide open on the person’s property. A person is not liable for a slip and fall case if the injured person is trespassing because they are not required to warn others about potential hazardous conditions that have not been invited to their property.
Even without there being a relationship between the owner and the injured person, every landowner has a certain level of responsibility for making sure that their property is not hazardous. However, the liability of a slip and fall case only falls on the property owner if the hazard has been brought to their attention or should have been brought to their attention.
Another thing to consider is also how long the hazard has been present on the property. If there is a flooring defect such as uneven or cracked flooring for around a month, and the owner does nothing about it and results in an injury, the owner is more likely to be liable. On the other hand, if someone spills a drink and they or someone else falls immediately, the property owner is less likely to be liable for the slip or fall.
If you have any questions regarding slip and fall cases, or wish to seek legal counsel, contact Kyle Law Firm today!