Serious falls can upend your life and leave you with costly losses. If your fall occurred at somebody else’s home or place of business, you might be able to pursue financial compensation for your injuries from the person or party responsible for the accident.
While establishing liability in Houston slip and fall claims is not always easy, Our team could help. One of our skilled slip and fall attorneys could review the accident details with you, establish evidence for the claim, and help you navigate the lawsuit overall.
Understanding Slip or Trip and Fall Accident Claims
A slip and fall claim is a lawsuit that follows an accident in which somebody suffers an injury after falling due to a hazard on someone else’s property. To succeed in a legal claim against the property’s owner, manager, or caretaker, the claimant must prove that the hazardous condition was hidden from them and unreasonably dangerous.
Visible Conditions
If someone slips on a wet floor at a grocery store after entering an area that had been cordoned off by a rope and had a sign posted that the floor was wet because it was freshly mopped, that injured person would probably not have a viable legal claim because the dangerous condition of the wet floor was not hidden.
Hidden Conditions
On the other hand, if someone slips on wet floor at a grocery store because the floor was freshly mopped and there was no sign indicating the floor could be wet, that injured person might have a strong claim for compensation because they would have had no way of determining that the floor was wet because the condition was hidden.
An attorney in Katy could review the facts from the slip and fall accident to determine whether they could establish the property owner’s liability for the claim.
Proving Liability in a Slip and Fall Lawsuit
Premises liability law essentially states that a property owner or caretaker owes a duty of care to keep their property in a reasonable and safe condition for legal visitors. The following people owe a duty of care to certain people who visit their property:
- Managers
- Caretakers
- Landowners
- Business owners
- Anyone else in charge of maintaining a property
However, that duty of care varies depending on the class of visitor.
Duty to Trespassers
If the person who fell was a trespasser, the property owner would most likely owe them no duty of care. However, if the trespasser was a child who slipped and fell, the homeowner or business owner in Katy could be liable under the attractive nuisance doctrine. If the property had something dangerous, such as a gravel pit, that attracted a child to trespass and jump in it and suffer harm in a fall, the owner could be liable for the child’s injuries.
Licensee
If the injured person was a licensee, the property owner would owe them a duty of care with respect to only dangerous conditions that the property owner knew or should have known about. A licensee is on the property for financial or commercial benefit.
Invitee
An invitee is someone who is there with the owner’s express or implied permission, such as a house or social guest. If the person who tripped or slipped was an invitee, the property owner owes them the highest duty of care. Property owners need to regularly inspect their property for hidden fall hazards and remove them.
A dedicated attorney could investigate an accident to determine what class of visitor the injured person was.
Contact a Katy Attorney About Proving Liability After a Fall
Establishing liability in Katy slip and fall claims can be time-consuming and difficult. You should work with a dedicated legal team who is not afraid to ask tough questions to get the answers you need.
One of our attorneys could dig deep and carefully examine the evidence to learn more about the dangerous condition that caused you to fall. We could also help you gather evidence proving the property owner’s liability. Call us today to schedule a consultation and get started on your claim.