Proving Negligence In A Slip And Fall Case In Texas

A slip and fall case aims to hold accountable negligent property owners or other liable parties for their careless behavior. Nonetheless, not all slip and fall accidents are the outcome of the property owner’s or other liable parties’ carelessness. In such instances, premises liability doesn’t apply, and the injured party may have a weaker claim against the property owner.

For example, if an individual trips over their shoelaces while walking in a mall and sustains an injury, they likely don’t have a strong claim as there were no hazards under the property owner’s control.

However, if an individual wearing properly tied shoes slips on a puddle or trips over a cord while walking in the mall, they might have a valid slip and fall injury claim against the property owner because the injury resulted from a hazard that the property owner had control over.

Damages You May Receive After Proving Negligence In A Slip And Fall Case

Typically, three kinds of personal injury damages can be awarded to an individual after successfully proving negligence in a trip and fall case. These damages are classified into three categories – economic, non-economic, and punitive damages.

Economic damages are designed to reimburse you for the financial costs associated with your trip and fall injury. This includes covering expenses such as medical bills, lost wages, lost earning capacity, and other costs that resulted from the accident.

Non-economic damages are intended to compensate you for the intangible, emotional costs of a trip and fall injury. They aim to acknowledge the invisible damages that you may have experienced, such as pain and suffering or loss of quality of life and enjoyment.

Lastly, punitive damages may be awarded if the defendant’s actions were intentional, reckless, or grossly negligent. Although infrequently granted, punitive damages serve to punish the defendant and discourage future misconduct.

Evidence In A Slip And Fall Negligence Case

Under Texas law, a victim of a slip and fall accident must establish their case by demonstrating a preponderance of the evidence. Because strip and fall cases are highly dependent on the circumstances, it’s vital for the victim to establish the duration of the hazardous condition and the property owner’s knowledge of the danger. Failure to prove these elements can harm the victim’s chances of winning the case. However, gathering evidence such as eyewitness testimony, photographs, video footage, and maintenance records can enhance the victim’s chances of success.

In order to win an injury case, it’s essential for a victim to collect evidence demonstrating the property owner’s negligence. Different settings, such as private homes, commercial properties, and public buildings, may offer varying degrees of evidence. Eyewitness testimony, medical records, and photographic evidence can be useful. Commercial properties may have the additional benefit of video surveillance and maintenance records. With the aid of a slip-and-fall attorney, the collected evidence can be utilized to establish negligence.

How Can Evidence Help Defeat Legal Defenses?

Property owners often use a defense of claiming a lack of knowledge or inability to discover the hazardous condition during routine inspection. However, evidence of negligence from the property owner can counteract these defenses. If surveillance footage, photographs, eyewitness testimony, or maintenance records indicate that a dangerous condition existed for an extended period, it becomes difficult for the property owner to argue lack of knowledge. Additionally, this evidence can prove the clear visibility of the dangerous condition, contradicting the owner’s claim that it was not discoverable.

If you want us to assist you in obtaining the evidence you need to receive a settlement, please contact us at (888) 508-3212.