Have you recently fallen due to unsafe circumstances in a public or private space? Are you interested in taking action against the at-fault party but are unsure of what steps to take? Instead of wondering, “How do I win a slip and fall case?” read along to learn more about the elements of these legal situations and reach out to our law firm to work with an experienced personal injury attorney.
Elements to Prove in Slip and Fall Accidents
The person being sued must either own, control or operate the property. This must be proven in the legal arena. Conditions that may harm others must be known or known the potential existed by this owner or manager. The exact issue that caused the injury must have been considered dangerous without a minor deficiency. Injuries sustained by the victim must have been due to the dangerous condition and not by any other problem that may have occurred. Without proving all four of these elements, the case may fail without any compensation being paid out by the defending party.
Duty to the Victim
This means the owner or manager of the property is responsible in maintaining the property and ensuring there are no harmful conditions that exist. Any issues must be dealt with through reasonable means, or warning signs must be displayed so the problem may be avoided by others. In some cases, the victim must prove that the owner or manager had control of the dangerous area when the accident occurred. This means an owner or manager may interchangeably be in control and the correct person must be determined based on the time and date of the incident. Without proving the duty being owed to the person harmed, the case cannot be successful.
Known Potential for Danger
An important aspect of the claim is that the slip and fall or trip case has a known potential for danger in existence. An expert witness is usually called to explained inspections, maintenance of property and any hazardous procedures used for preventing accidents. If these measures are not taken by the owner or manager, it is more likely to prove this element as the premises manager or owner was improper in his or her care of the area. This means a dangerous situation could arise, and he or she would have known about this potential for a disastrous instance for anyone on the property. Negligence is when the defending party knew the danger existed, did nothing about it and the victim was harmed because of this specific factor.
Even if the case has an obvious instance where danger was apparent, it must be proven. The harmed individual must provide evidence that the defending party knew or had reasonable suspicion that someone could have been harmed through the circumstances on the premises. This hazard should have been taken care of in some manner to ensure that others on the property knew of the potential for harm or were able to avoid it. Another essential aspect of this situation is that the property was utilized as it is supposed to be without alteration. This means a dance club was used as a place for dancing and not for horse riding.
Damages Relevant to the Case
The last element is the proving of injury directly caused by the slip and fall through dangerous conditions on the premises. This is often the most difficult to prove because many individuals wait until the physical discomfort is too much to ignore. Sufficient proof must be available that the diagnosed conditions were a direct result of the hazards of the property. In most cases, a lawyer should be consulted on what to do and how to apply these elements correctly. Hiring a lawyer to assist in the claim may provide the best possible chances of success.
Free Consultation With a Slip and Fall Attorney Today
Still wondering, “How Do I Win a Slip and Fall Case?” Don’t worry, you are not alone. Our law firm works with individuals who have become injured due to negligent or reckless actions of other individuals, business, and entities. We want to ensure you get the compensation you deserve for you slip and fall claim. This means getting your compensation for your injuries, medical bills, lost wages, and more. If the property owner failed to act in a manner that kept you safe and you were injured, our experienced personal injury lawyer wants to hear from you. Get your free consultation for your personal injury case when you reach out to our law firm today.
Experienced Personal Injury Attorney for Slip and Fall Injury in Houston
Attorney Fuller is a seasoned attorney with nearly three decades of experience representing a wide range of clients. This includes individuals who have suffered an injury due to another’s actions, individuals facing criminal charges, those who have been arrested for DWI, individuals who have found themselves in a civil litigation dispute, and those looking for legal guidance in business.
After filling out a client intake form, Attorney Lanease D. Fuller will take appropriate action in your case to help you get the results you are looking for. This includes but not limited to gathering evidence, going to trial, and earning a settlement that is appropriate for your specific situation. Reach out to us today to take the first step towards settling your case.
LANEASE D. FULLER LAW
4615 S. Frwy St. 820
Houston, TX 77051
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