It can be hard to win a slip and fall case because you must prove that the liable party (generally a property owner) was negligent. Evidence may be more limited in a slip and fall case than in other cases, like those involving car accidents. In a slip and fall case, you must prove the property owner knew about the hazard that caused your accident and failed to attend to it.
To be clear, you can win a slip and fall case. Victims before you have received compensation for their slip and fall accidents. However, you have the right to hire a lawyer to handle your case.
Explaining the Unique Challenges of Slip and Fall Cases
To better understand the unique challenges of winning a slip and fall case, consider the following complications:
There May Have Been no Witnesses to Your Slip and Fall Accident
In some slip and fall cases, the victim may be the only one who witnesses the accident. Even if witnesses did see your slip and fall accident, you may not have their contact information to seek their testimony.
A lack of eyewitness testimony is a challenge, but we can help. We may hire experts to reconstruct your accident based on your injuries and your own account of the accident. We can also determine whether cameras in the location where your accident happened captured your slip and fall.
Proving Negligence Can Be Challenging
When two vehicles collide, negligence is apparent. Someone (generally a motorist) did something to cause vehicles to collide. When someone slips and falls, negligence may be less apparent. To prove negligence, we generally have to demonstrate that:
- The property owner owed you a duty of care.
- The property owner knew or should have known of the hazard that caused your slip and fall accident.
- The property owner failed to take reasonable steps to remove or fix the slipping hazard.
- The property owner (or another liable party) contributed to your accident-related damages.
Proving that the property owner knew of the hazard may be especially difficult. We may obtain witness accounts, service records, and other evidence that suggests that the liable party should have known about the hazard.
We May Have to Prove That You did Not Contribute to Your Accident
In some states, victims of slip and fall accidents can recover compensation even if they contributed to their accident. For example, if a property owner allowed a hazard to persist but the victim was running through their store, both parties may be at fault. If the property owner is more liable than the victim, then the victim may recover awards.
Texas does not operate this way, though. In Texas, if you are determined to share even 1% of the fault for your slip and fall accident, then you generally cannot recover awards. This should not discourage you from seeking awards. However, proving that the property owner is solely liable for your accident is another challenge to a slip and fall claim.
These are all reasons why it may be hard to win a slip and fall case. If you have suffered losses, though, slip and fall cases are generally worth the effort and challenge.
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Can a Lawyer Help After Your Slip and Fall Accident?
Yes. Considering the challenges that slip and fall cases pose, hiring a lawyer can take the guesswork out of the legal process. Our law firm can help:
Identify All of Your Injuries
The Centers for Disease Control and Prevention (CDC) notes that falls can come with severe injuries, such as broken bones and head injuries. Our team can identify your injuries and determine how they may continue to cause you losses. Then, we can assign a fair value to your damages.
Make a Case for Liability
We can help demonstrate the property owner owed you a duty of care and breached that duty in some way. Even if they were not aware of a hazard on their property, we can work to prove that they should have known about it.
Hire Any Experts Who Can Help
Experts may be necessary for a slip and fall case. They may testify about the defendant’s negligence, reconstruct your accident, or help us in other ways.
Oversee the Day-to-Day Responsibilities of Your Case
Insurance claims and lawsuits require consistent attention. Our firm can file your case and ensure that it progresses as necessary. We can make any phone calls, draft and file any paperwork, and handle any other duties that your case requires.
Negotiate with the Liable Party’s Insurer
Whether we talk with an insurance company, attorney, or another representative, we can handle all case-related negotiations. We will only accept an offer that fairly covers your fall-related damages.
Call in the Strong Arm and Work with Loncar Lyon Jenkins Today
Loncar Lyon Jenkins knows the challenges of winning a slip and fall accident claim, and we are up to the task. Reach out to us as soon as possible since Texas Civil Practice and Remedies Code § 16.003 generally limits your time for filing a personal injury or wrongful death case.
Call Loncar Lyon Jenkins today at (877) 239-4878 for your FREE consultation. We can help whether you suffered injuries or lost a loved one in a slip and fall accident.