When you enter another person’s property, the potential to sustain an injury could be the last thing on your mind. Unfortunately, accidents can happen anywhere. In some cases, an unknown hazard on the property could be the catalyst for the injury. If a hazard on another person’s property causes you to trip and fall, a dedicated personal injury attorney could help you pursue damages for your injuries.
The compensation that could be available to you might cover your medical bills, lost wages, and other losses. While this compensation could be life-changing for you, there is no guarantee your claim will be successful. A Temple slip and fall lawyer could increase your chances of recovering these monetary damages. En Español.
Although these accidents are informally known as “slip and fall” accidents, the reality is they could occur in many ways. While some actually result from slipping on a wet or icy surface, others occur due to tripping over hazards or stepping on uneven flooring. Any dangerous condition that results in a person falling could result in a viable compensation claim. Some common causes of slip and fall accidents include:
When a property owner allows these conditions to go unaddressed on their property, a Temple attorney could pursue compensation against them through a slip and fall lawsuit.
Determining how these accidents occurred can be difficult when they happen on the private property of another person. It is usually simple to document a fall in a public place like a grocery store or parking lot. An attorney could have more work attempting to identify the cause of a fall at a private residence, however.
When a Temple attorney takes on a slip and fall claim, they often work with the theory that the property owner is entirely at fault. In some situations, the injured person could also have played a part in causing their fall. When this occurs, both sides typically argue the other is responsible for any injuries that occurred.
In a slip and fall case, a person that suffers an injury from a fall might share fault if they ignored warnings about the hazard that caused their injury. If the property owner makes an effort to denote that an area of their property was dangerous, this could impact the claim of the injured person. The same could be true if a plaintiff wore footwear that was inappropriate for the conditions.
When both parties share fault, state law determines whether the injured person has the right to recover compensation from the property owner. Under Texas Civil Code Title 2 Section 33.001, a plaintiff may not recover compensation in an accident if they are primarily responsible. If their degree of fault is less than 50 percent, they may recover compensation. However, the jury is required to reduce their damages by their percentage of responsibility for the fall.
If you fell and suffered an injury on another person’s property, you might have a legal claim against the landowner. The cost of recovering from your injuries could be high; it is unjust for you to bear the financial burden of a fall that was not your fault.
A Temple slip and fall lawyer could help you seek justice and financial compensation from the negligent property owner. To move forward with your claim, schedule an initial consultation right away.