Temple Slip and Fall Lawyer
The dangers of slip and fall accidents are often underestimated. They can cause serious, life-altering, and even fatal injuries, especially for the elderly.
If there was a dangerous condition on someone’s property that caused you or a loved one to sustain injuries in a slip and fall accident, civil law could entitle you to recover compensation for damages. For help proving liability to recover compensation, contact a Temple slip and fall lawyer to schedule a meeting. A dedicated personal injury attorney from Chad Jones Law is waiting to give you the help you deserve.
Proving Fault in Slip and Fall Injury Claims
Certain elements must be present to successfully establish liability in slip and fall cases. The court will determine fault by reviewing the property owner’s actions. The claim for damages must prove the following:
- The person responsible for the property knew or should have known of the dangerous condition
- The property owner failed to make changes and fix the hazard despite having enough time to do so
- The plaintiff suffered injuries because of the negligence of the property owner and a dangerous condition on the premises
- The claimant sustained verifiable damages in the accident
A Temple trip and fall injury attorney could help collect evidence for a successful claim for damages.
Types of Visitors for Slip, Trip, and Fall Cases
Another vital factor in slip and fall civil claims is the type of visitor the plaintiff was at the time of the accident. There are three categories of visitors: invitee, licensee, or trespasser. The invitee enters a property for business purposes, such as a grocery store, to buy goods. Persons responsible for the property owe the invitee a high level of duty of care.
A property owner also invites a licensee onto the premises for social purposes, such as a friend or neighbor. The owner owes the licensee the second-highest level of duty of care.
The person responsible for the property does not owe a trespasser any duty of care. However, they cannot purposely create a hazardous condition to cause injury to a trespasser.
Damage Recovery in Slip and Fall Accident Claims
The court will award damages under two categories after determining the property owner is liable for damages in slip and fall cases.
The court awards economic damages to compensate the injured party for the verifiable monetary losses they suffered because of the accident. Compensation will cover current and future medical expenses and loss of pay for recovery time. It would also cover travel expenses for medical care, if necessary, and home renovations if there is a long-term disability.
Non-economic damages cover the non-monetary losses a person sustains after a severe injury. The award would cover physical pain and suffering, mental pain and anguish, physical impairment, and the loss of companionship. A slip and fall attorney in Temple could further explain these distinctions and their relevance to a given case.
Comparative Negligence in Slip and Fall Cases
In many premises liability claims, the defendant will assert the plaintiff shares liability for the accident. However, the court will not bar the claimant from recovering damages for sharing a portion of liability in this state. As per the directive of the Texas Civil Practice and Remedies Code § 33.001, if the court finds the plaintiff shares liability for the accident, they will subtract their percentage of liability from the total award amount.
However, if the claimant is over 50 percent liable, they are not eligible to recover compensation for damages. A slip and fall accident lawyer could answer questions on filing a claim in Temple.
Schedule to Meet a Diligent Temple Slip and Fall Attorney
If you suffered injuries after falling on someone’s property, you could have the right to recover compensation for damages. These claims are challenging to establish due to the number of case elements that you must prove.
A hard-working Temple slip and fall lawyer could investigate and handle the legal work while you focus on rest and recovery. If you need help to recover compensation, call Chad Jones Law today and learn what your options are.