Most people slip and fall at one point whether at home, in a public park, at a theater, at work, or the grocery store. These accidents can occur anywhere and at any time. Although most cases are minor, some can result in serious injuries, such as broken bones, head injuries, and spinal injuries. Based on reports from the Centers for Disease Control (CDC), at least 1 out of 5 people involved in slips and falls seek treatment for severe injuries.
These accidents come without a warning, and therefore, there is usually nothing much you can do to protect yourself. However, other parties may help mitigate the occurrence of slip and fall accidents by guaranteeing the safety of their visitors. This is usually done by adhering to state laws regarding public safety. Determining fault in Missouri City slip and fall accidents should not be daunting when our experienced attorneys are here to help.
Do I Need an Attorney for a Slip & Fall Accident Case?
At first glance, many slip and fall accident cases seem straightforward, thus sending the wrong impression that you can handle them alone. The sad truth, however, is that they can be as complex as other personal injury lawsuits. Usually, determining fault in a Missouri City slip and fall accident will be based on the same concepts as other injury cases. Therefore, it would be best if you had everything handled professionally by a qualified attorney. Among the benefits you stand to gain are:
- Determining fault
- Valuing your slip and fall accident claim
- Providing proof of negligence
- Retaining expert witnesses
- Proving your case in court
Slip and fall accidents can present unique challenges in scenarios where liability is contested. For instance, property managers and owners may be conflicted on who had a higher sense of responsibility for the safety of their premises. In such cases, a skilled attorney may help evaluate the circumstances and discover the fault.
For a free legal consultation, call (832) 449-8230
When Would Someone Else Be at Fault?
Oftentimes, slip and fall accidents happen because of unsafe conditions. This means that someone might have failed to act reasonably and prevent an accident from happening. Generally, determining fault in a Missouri City slip and fall accident is hinged on establishing:
A Duty of Care Existed
Most slip and fall accidents occur in areas where property managers owe visitors a legal duty of care to guarantee their safety. Whether you fell at your workplace, theater, grocery store, or a friend’s place, this duty is often automatic. It requires property managers and owners to avert any existing risks that would otherwise result in foreseeable accidents. They must do what a reasonable person would under the same circumstances.
The Duty was Breached
To establish fault on someone else in a slip and fall accident case, you must provide proof showing that the duty discussed above was breached. Property owners and managers may breach their duty in so many ways. For instance, if unsafe conditions such as wet and cluttered floors existed with their knowledge, but they failed to do what a reasonable person would to avert the dangers posed, they are deemed to have breached the duty.
Causation
The last critical aspect of fault you must establish when determining fault in a Missouri City slip and fall accident is causation. This links your injuries to the accident. Insurance companies and defendants will likely be quick to refute your claim saying your injuries preexisted or were caused by something else but the accident. Without enough evidence to back your claim, you are likely to miss out on your deserved compensation. Working with an experienced slip and fall accident attorney will be handy in proving causation in your case.
When You Are to Blame
It’s not a surprise that some slip and fall accidents are also attributed to the injured person. Insurance companies will often push the narrative that you were personally responsible for your injuries. Texas is a comparative negligence state, and therefore, your fault will ultimately impact your case and the compensation you wish to recover. Fortunately, you may be eligible for a monetary recovery even when you are partially at fault for injuries sustained. Be that as it may, your degree of the fault must be 49% or below. A skilled attorney will assist you in delegating fault to the parties involved and establish whether you may have unconsciously contributed to your injuries.
Call for Help Determining Faut in a Missouri City Slip and Fall Accident
Determining fault in Missouri City slip and fall accidents is a complex process. The only way to fully understand how liability works is by consulting with a veteran attorney. Our team at Lone Star Injury Attorneys is ready to answer any questions you may have and help you get justice.
Call or text (832) 449-8230 or complete a Free Case Evaluation form