Why Is Establishing Fault So Difficult in a Premises Liability Lawsuit?
You’ve been hurt in a slip and fall accident on residential or commercial property. There may have been broken steps or cracked pavement at an entryway. The floor may have been wet or oily, causing you to lose your footing. Maybe there were lights out in the parking lot, causing you to trip and fall in a pothole.
In Texas, as in all other states, the owner or person in charge of residential or commercial property has a duty to maintain the premises so as to minimize the risk of injury to anyone legally on the property. You have a right to seek compensation for any losses suffered as a result of a slip and fall. Though your claim may seem straightforward, don’t be surprised if you encounter challenges establishing liability in a slip and fall lawsuit.
The Factors that Complicate Proof of Fault in Slip and Fall Cases
With many other types of accidents, there are ample ways of establishing liability. For example, with a motor vehicle accident, you may be able to produce evidence from police reports, driver and maintenance logs, skid marks, vehicle damage and even eyewitness reports. It can be relatively easy to establish who had the right of way, who ran a stop sign, who was exceeding the speed limit or who improperly changed lanes. Identifying the actual cause of a slip and fall can be elusive in many situations. Additionally, the defendant may contend that you could have taken steps to avoid the injury. For example, where a hazard is obvious, the defendant may argue that you assumed the risk of injury.
With many slip and fall claims, you may only have eyewitness testimony to support your claim. Often, your case will be based on nothing more than your testimony and evidence of your injuries.
Furthermore, liability for slips and falls is typically based on a legal theory of negligence. A property owner is not absolutely liable for any injury that occurs on the premises. You must show that the property owner knew or should reasonably have known about the dangerous condition and that the property owner failed to take reasonable steps to either eliminate the risk of injury or notify persons legally on the property of the potential risk.
Contact the Experienced Personal Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have aggressively protected the rights of personal injury victims across the state of Texas for more than four decades. We have a thorough understanding of the laws and procedures governing personal injury lawsuits and will make certain that all pleadings and other documents are accurately and timely filed. We will be your advocate throughout the legal process, from the filing of a personal injury lawsuit through the gathering of evidence to trial or settlement. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.