What is Needed to Prove a Slip and Fall Injury Claim in Texas
Every year, more than 1 million people go to the ER because of slip and fall accidents. Sometimes, these accidents are caused by third party negligence, which means that person may be eligible to recover damages. However, proving a San Antonio slip and fall injury claim is not always easy. It’s important to work with someone who knows what is needed to prove a slip and fall injury claim in Texas, giving you the best chance at winning your case. Carabin Shaw is a team of seasoned attorneys who always give everything they have to help victims like you. If you or a loved one has experienced a slip and fall, you need a San Antonio personal injury attorney.Proving A Slip and Fall Injury
When someone slips and falls on another person’s property and is injured, they can pursue a slip and fall injury claim. A slip and fall in San Antonio falls under what’s known as “premises liability” laws, which are a set of laws that hold property owners responsible for certain types of injuries sustained by persons on their property. San Antonio premises liability lawyers will know how these laws affect your case.
For you and your attorney to prove your slip and fall case, you’ll need to prove the following:
- Duty of care - The first step is proving the defendant was liable for any harm done to you because they had a duty of care.
- Breach of duty - Once you’ve established the defendant had a duty of care, you must show they breached their duty of care through negligence.
- Causation - After proving their negligence, you and your San Antonio slip and fall attorney must demonstrate the direct connection between their negligence and your injuries.
Under premises liability laws, property owners have differing levels of their duty of care depending on what type of “entrant” the law recognizes the plaintiff as: invitee, licensee, or trespasser.
An “invitee” is owed the highest level of care from a property owner, and is defined as anyone who is essentially invited to be on the property—a friend at a house, a client visiting a business, a customer at a store. Property owners have a responsibility to maintain the safety of their property and warn invitees of any non-apparent hazards. Licensees and trespassers are owed a lesser standard of care, and if you think these categories apply to your case, consult a San Antonio personal injury attorney to learn more.Breach of Duty
The second step is proving the property owner’s negligence. To prove negligence, your attorney must show the defendant did not maintain a reasonable level of safety to prevent entrants from injury. Demonstrating breach of duty mainly pertains to whether the defendant reasonably could have determined the danger of the situation and if they had enough time to resolve the issue before it caused harm. If you have further questions about proving breach of duty, talk to a lawyer.Causation
Lastly, you and your San Antonio slip and fall attorney must draw a direct connection between the defendant’s negligence and your injuries. If you can prove that your injuries were the direct result of the property owner’s carelessness, you can win your case.What a Lawyer Can Do For You
Pursuing a slip and fall claim in San Antonio is a time consuming and mentally taxing process. Working with a San Antonio personal injury attorney who knows how to win slip and fall cases can take the burden off your shoulders. At Carabin Shaw, we care about getting the most for those we represent. Our San Antonio premises liability lawyers are here to listen to your case and work with you to maximize your compensation. We know what is needed to prove a slip and fall injury claim in Texas. You can count on us. Call us today to speak to a lawyer on our team.