It is always embarrassing to fall, but sometimes slips also result in significant physical injuries. A lot of these falls happen while people are out doing business, running errands, or visiting with friends.
If you were severely injured from a fall at someone else’s business or on someone’s property, a skilled personal injury attorney can outline your options. You might be entitled to monetary damages, and a Waco slip and fall lawyer can help you pursue this compensation.
However, most falls do not paralyze walkers. Instead, many cause severe pain that requires medical intervention. Some slips might even prevent an individual from working for an extended period. Common injuries associated with falls include:
When these injuries are caused by another person’s negligence, a plaintiff could collect compensation for their physical setbacks. A resourceful attorney can determine the severity of a claimant’s slip and fall injuries to begin the process of filing an airtight claim.
When a business owner or the agency in charge of a public space invites people onto the premises for a mutually beneficial exchange, such as the purchasing of goods, the visiting member of the public becomes an invitee. State laws establish that invitees are entitled to business owners keeping a safe and well-maintained environment.
For instance, business owners must regularly inspect their property to identify dangerous conditions and correct them as soon as possible. If fixing the hazard immediately is not an option, the owner or operator must provide adequate warnings to protect visitors from harm.
If a business owner or operator fails to fulfill their duty to keep the premises reasonably safe and someone is injured due to slipping and falling, this proprietor would be considered legally negligent and might need to assume liability for any harm. A tenacious lawyer in Waco can investigate the accident to determine whether a business owner’s negligence contributed to the plaintiff slipping and falling.
A legal concept called modified comparative negligence applies to local falling or slipping cases. This doctrine concludes that, in an accident, each responsible party will face liability for the portion or percentage of harm they cause. It is important to note that any claimant who bears more than 50 percent of the responsibility for the accident cannot collect any financial compensation. For example, if a business owner was the only one who caused a customer to slip or fall, they would need to pay for the plaintiff’s injuries.
Texas Civil Practice and Remedies Code §33.003 requires the “trier of fact,” a party responsible for assessing evidence in a case, to apportion fault to each relevant party in a slip and fall case. Once this fault is divided, the guilty parties will pay the percentage of total damages that mirrors their level of responsibility.
Opposing legal representation might try and argue that a claimant is responsible for their injuries because they were not acting with reasonable caution. A resilient attorney in Waco can fight against those arguments and demonstrate that an injured plaintiff did not actively cause themselves to slip or fall.
Getting hurt while tripping, slipping, or falling can be unexpected, stressful, and time-consuming. An accident could be especially disturbing if the owner or operator of the premises tries to blame you for something that is not your fault.
Fortunately, a Waco slip and fall lawyer can fight hard to hold a negligent property owner accountable for the harm you suffered. A persistent attorney understands these cases and can strive to maintain your integrity. Contact the office today to schedule an initial consultation.