Most people fall every now and then. Thankfully, they usually can get right back up and go about their business with little harm done. However, falls sometimes produce significant injuries. When these injuries occur because of an entity or property owner’s negligence, they may serve as the basis for a personal injury claim.
Someone who requires medical treatment or misses time at work because of a preventable fall should contact an Alice slip and fall lawyer immediately. A legal professional could evaluate the incident, obtain evidence of negligence, and pursue compensation from responsible parties.
A Guest’s Status Determines the Property Owner’s Liability
When an injured person seeks compensation for a slip and fall, they must prove the property owner—or the person who controls access to the property, if it is not the owner—was negligent. Proving negligence in a slip and fall claim requires an Alice attorney to show that the owner breached a duty to the claimant. Proving a breach of duty can get complicated because an owner’s duty depends on why the claimant was visiting the property in the first place.
A property owner owes the highest duty of care to invitees, who are people who enter a property to do business with the owner or benefit them. Examples of invitees include the customers of a business, a plumber, and a mail carrier. Property owners must conduct regular inspections to find hidden dangers, repair all dangerous conditions promptly, and warn invitees of any existing hazards.
Social guests, people who enter a property to sell a service or product, political canvassers, and anyone who enters a property with permission but for their own benefit is a licensee. If a property owner knows of a hazard, they must warn a licensee, but the owner has no obligation to inspect for dangerous conditions or repair them.
Texas Civil Practice and Remedies Code § 75.007 describes a property owner’s obligations toward trespassers. An owner has no duty to trespassers in most cases. There is an exception if the trespasser is a child and the property contains a feature that might attract children to the property.
Property owners must prevent young children from trespassing if the property contains a feature like a swimming pool, treehouse, shed, construction equipment, sand pit, playset, or anything else that might capture a child’s interest. If a child who is too young to appreciate danger trespasses onto the property and gets hurt, the owner could be liable for damages.
Compensation for Someone Injured in a Slip and Fall Accident
A claimant can sue a negligent property owner for all the losses they suffered when they fell. The financial compensation an injured person seeks is called damages.
Special damages are expenses, past and future, that have a set price or a value that is easy to calculate. Expenses like medical bills, lost wages, and incidental costs may be included in special damages. General damages compensate an injured individual for intangible and hard-to-value losses, such as mental anguish, lost enjoyment of life, inconvenience, temporary or permanent disability, and physical pain.
An injured person must prove their damages to recover compensation. Proving special damages requires presenting receipts, invoices, tax returns, employment records, and other documentation. Proving general damages is harder, but an Alice slip and fall attorney could present testimonies, medical records, photographs, videotapes, and other evidence to establish their value.
Consult an Alice Attorney About a Slip and Fall Claim
Successful slip and fall claims require assistance from an attorney with a deep knowledge of premises liability law. An Alice slip and fall lawyer has extensive experience helping people who experience injuries in these incidents get appropriate compensation from negligent property owners.
You have a limited time to bring a claim, so do not delay seeking legal advice. Call now to schedule a consultation.