BACK TO BLOG March 12, 2018

What Is A Slip and Fall Case?

Within some circles, the term “slip and fall” is used as a punchline or a derogatory term. Some people hear about slip and fall cases and conjure up notions of exaggerated injuries and greedy lawyers. However, anyone that is knowledgeable in personal injury law will tell you that premises liability cases, also known as slip and fall cases, can be no laughing matter.

Premises liability is an area of personal injury law designed to ensure the safety of individuals on someone else’s property. Slip and fall cases are essentially a means of holding property owners accountable, and forcing them to maintain safe conditions for their guests. The vast majority of premises liability cases originate when a property owner does not address potential hazards on their property, either due to willfulness or negligence, and visitors to the property suffer injury as a result. The injuries associated with these cases vary. In many instances, slip and falls result in musculoskeletal injuries like slipped disks, or broken bones. However, the more severe cases can result in traumatic brain injuries, full or partial paralysis, and, in some instances, death.

Sadly, slip and fall cases are almost always preventable. Property owners have a duty to their guests, and they can be held liable when they do not uphold this duty and provide a safe environment. The level of care that a property owner would need to exercise can depend on why the injured person was at the property. For instance, a store owner would be required to be more careful to the store’s customers than it would have to be to someone who is trespassing on the property.

Some of the relevant information that is helpful to know for a typical case involving a dangerous condition at a property include:

  1. Whether there was any video of the incident;
  2. Whether there had been any previous similar incidents where someone had been injured at the property;
  3. Whether the property owner had knowledge of the actual dangerous condition;
  4. The purpose that the injured person was at the property and whether that person had permission to be at the property;
  5. Whether there were any reports made relating to the incident, including whether any witness statements were taken.

If you have been injured while you were legally on someone else’s property, you may be able to seek recourse. However, premises liability claims can often be complex, and you will likely need to consult with a Texas personal injury attorney that has experience in this area of the law to successfully pursue your claim.