Slip and Fall and Trip and Fall cases are very common and usually do not cause a great deal of injury. However, they can cause injury to the knees, hip, ankles, wrists and other parts of the body. We commonly speak with victims that have slipped on a spill in a supermarket, been catastrophically injured by a dog attack, or gotten injured due to a construction fault or unaddressed property damage, among many other things.
In Texas, to prove liability for a slip and fall or trip and fall claim, you have to do more than just prove that you fell on someone's premises. If you are a trespasser, you have to prove the person intentionally caused your injury or was grossly negligent.
If you have the right to be on the person's premises but are not there for the mutual benefit of yourself and the landowner, you are considered a "licensee." An example would be if you are at a friend's house for a party and got hurt due to a premises defect. To collect damages, you have to prove that the condition was unreasonably dangerous, the owner had actual knowledge of the danger, and the owner failed to warn of the danger or make it safe within a reasonable time, and before you were hurt.
If your presence on someone's property is for the mutual benefit of yourself and the owner, you are considered an "invitee." If so, you do not have to prove that the owner had actual knowledge of the unreasonably dangerous condition, only that the owner should have discovered the condition with reasonable inspection under the circumstances. For example, if you are shopping in a store, the owner must make reasonable isle checks to check for spills and other dangers. Failure to do so, might subject the owner to liability.
The Law Firm of Roger "Rocky" Walton, P.C., accepts certain slip and fall and trip and fall cases, and has significant success in this area. Call (817) 429-4299 or toll-free at (888) 762-5988 today if you were injured in a slip and fall accident in Arlington, Dallas, Fort Worth or Mansfield, Texas.
The personal injury information offered and contained herein, regarding personal injury statutes and claimants' rights is general in scope. No attorney client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice.