Who Is at Fault in a Slip and Fall Accident?

Property owners must warn of dangerous conditions on their premises or fix them before one gets harmed. Such an accident can be the basis of a lawsuit, but you must prove the property owner either knew or should have known of the hazard to get compensation for your injuries.

Moreover, you will also need to show that the alleged hazard was unreasonably dangerous.

Proving a premises liability case is often a complex process with many legal considerations. It would be best to consult skilled Houston personal injury lawyers. They understand how personal injury laws work and the strategies to hold a landowner or operator responsible.

What is the Legal Standard for Determining Liability in Personal Injury Cases?

In slip-and-fall cases, liability stems from the theory that a landowner or operator is ordinarily in a better position to want invitees or others that come onto their property of hazards. Hence, the law imparts upon them a duty to either provide a warning or make a premises safe. The duty of care may sometimes extend to trespassers.

However, slip and fall attorneys in Houston explain that simply slipping and falling on someone else’s property does not automatically create liability for the property owner. When navigating a slip-and-fall compensation claim, you must prove by a preponderance of the evidence that the property owner knew or should have known about the hazard and that the hazard on the premises was unreasonably dangerous.

What Elements Must Exist in Proving Premises Liability in Slip and Fall Cases?

Proving premises liability can be tasking as it requires demonstrating the following critical elements:

  • The property owner/controller had actual or constructive knowledge of the condition causing an injury. The condition posed an unreasonable risk of harm.
  • The property owner/controller failed to take reasonable care to reduce or eliminate the risk.
  • There was a causal link between the defect on the premises and the injuries.
  • Notice of the dangerous condition was established.

Proving these elements can be complex, and you may not know the proper legal jargon to establish or strengthen your case. So, retain skilled Houston slip-and-fall lawyers to help you navigate the complexities. Their legal support and involvement can increase the likelihood of a favorable outcome by gathering the necessary evidence and adequately determining fault.

What Evidence Can Help Me Establish Negligence in a Slip and Fall Case?

The evidence you present in a slip-and-fall case should support your claim, establish the property owner’s liability, and prove premises liability. Knowledgeable slip-and-fall lawyers in Houston can help you collect compelling evidence to create a strong case. Examples of admissible evidence in slip and fall cases are:

  • Surveillance Videos: These are often critical to show that a premises owner with reasonable care could have discovered a hazard or left a hazard on a property for an unreasonable amount of time.
  • Pictures of the Hazard. If a hazard is conspicuous and would have been easily for the landowner to have spotted, then he or she is more likely to be liable. For example, if a puddle of water is dark color or large.
  • Necessary Use. Proof that the hazard was in an area in which he had to walk without a choice, such as a pot hole or crack on the only sidewalk leading to a place that you needed to transverse.
  • Medical records: It’s crucial to prioritize your health and seek medical attention immediately after a slip and fall accident. Medical records prove that you sustained injuries and can demonstrate the extent of damage.
  • A record of the medical and related expenses: Receipts of all your medical bills, documentation of lost wages, and out-of-pocket costs are crucial in helping you prove the value of your settlement claims.
  • Every piece of evidence you gather can strengthen your case. Consult extensively with your Houston slip-and-fall attorneys to determine the evidence applicable to your case.

Proving Premises Laibility in a Slip-and-Fall Case with the Help of a Skilled Personal Injury Lawyer

Proving premises liability in a slip-and-fall accident can be complex, and it would help to work with knowledgeable personal injury attorneys. They know the legal strategies to prove your case and navigate the intricacies of personal injury laws. Avoid going to court alone, as the at-fault party may vehemently deny your claim, reducing your chances of recovering compensation.

The Shariff Law Firm’s dedicated slip-and-fall accident lawyers can evaluate your case. We have represented many clients and helped them recover the compensation they deserve due to another person’s premises liability. If you or your loved one sustained injuries in a slip-and-fall accident, call our office at 713-881-9739 to schedule a FREE case assessment.