Slip and Fall Due to Negligence in San Antonio
Although you may not realize it until it’s too late, you are always at risk for a slip and fall anywhere you go in San Antonio. Slips and falls are, unfortunately, one of the leading causes of non-fatal injuries for people of all ages. When a slip and fall due to negligence in San Antonio happens, you can hold the property owner liable for your injuries. A San Antonio personal injury attorney will know what steps to take to make the most of your case. At Carabin Shaw, our staff is committed to doing all that we can for our clients, which is why we’ve been named a Top 10 firm in client satisfaction. Speaking with a San Antonio slip and fall attorney will not only help you win more in your case, it will make the entire process easier for you and your family.What is Negligence?
In the case of slips and falls, negligence is when a property owner fails to act as another reasonably prudent person would have acted under similar circumstances. When determining negligence, the primary factors are whether the defendant could have recognized the danger of the incident and whether they had enough time to take care of the problem.
The set of laws that applies to San Antonio slip and fall cases are known as “premises liability” laws. These laws hold property owners responsible for certain types of injuries that occur on their property. Their responsibility to “entrants” (people on their property) varies depending on what type of “entrant” the plaintiff qualifies as, and this responsibility is their duty of care. To learn more, consult San Antonio premises liability lawyers.Proving Negligence In Court
In general, proving a personal injury case requires that you prove the following:
- The defendant owed the plaintiff a duty of care
- The defendant breached that duty of care
- The breached duty of care directly resulted in the plaintiff’s injuries
When it comes to slip and fall due to negligence in San Antonio, the most difficult part of your case is proving the owner breached their duty of care, which means they were ultimately to blame for the accident. To prove their negligence, your attorney must demonstrate one of the following:
- The property manager caused the hazard that led to the plaintiff’s slip and fall and their injuries
- The property manager was aware of the hazard that caused the slip and fall
- The property manager should have been aware of the hazard that led to the plaintiff’s injuries
To know which scenario applies to your case, talk to a San Antonio personal injury attorney.Comparative Fault
Texas has a modified comparative fault rule, meaning the plaintiff can be found to be a certain percentage at fault for their accident, and their damages will be reduced accordingly. If the plaintiff was found to be 20% at fault, for instance, the total dollar amount for their damages they were awarded in court would have a 20% deduction.
The following are some of the ways a plaintiff can be found at fault. Be sure to discuss these with your lawyer to prevent mitigation of your compensation:
- The injured party was not allowed on the property
- The injured party made no attempt to avoid the dangerous condition
- The injured party was acting recklessly, which contributed to their accident
If you have questions about comparative fault, ask San Antonio premises liability lawyers.Winning Your Case
If you experienced a slip and fall, you deserve compensation. An experienced attorney can be the difference between losing and winning. Our team at Carabin Shaw firmly believes in doing everything we can for victims. A lawyer on our staff can review your case and estimate your potential damages. If you need a San Antonio slip and fall attorney, we’re here for you. Call us today to speak with a San Antonio personal injury attorney at our firm.