Each year, millions of people are injured in premises liability or slip-and-fall accidents. While anyone can slip and fall, older adults are at higher risk of serious injury if they are the victim. Slip and fall incidents can happen anywhere and if someone else’s negligence contributed to the fall, the victim should seek the help of an experienced personal injury attorney to receive compensation for their injuries and losses. There are specific steps the injured party must take in a slip and fall case; and if all elements of the claim cannot be proven, the claim could quickly be dismissed.

Establishing Duty

The first step in a slip and fall case is to establish duty. The duties associated with a premises liability cause of action in Texas are established using a specific classification system delineating between invitees, licensees, and trespassers. Invitees are invited by the owner – either directly or indirectly – onto the property where the incident took place for purposes that confer an economic or noneconomic benefit to the owner. The owner of the property must ensure their premises is reasonably safe for invitees. A licensee is able to be on the property legally but their presence does not afford a benefit to the property owner. The guest of a person renting a property may be considered a licensee. A property owner has a duty to appropriately warn licensees about hidden defects of the property. A trespasser does not have permission to be present on the property and their presence provides no benefits to the owner. Owners rarely have duty of care to a trespasser.  Once a legal duty can be established, the next step is establishing the duty holder’s liability.

Establishing Liability in a Slip and Fall Claim

In order to establish liability, the victim – whether invitee or licensee – must prove the existence of unreasonably dangerous conditions and/or concealed dangers on the premises at the time of their accident. In 2015, the Texas Supreme Court in Austin v. Kroger made proving liability more difficult in slip and fall cases, holding that if a defect is out in the open and obvious to a common person, like slipping on a colored liquid instead of a clear one, it is harder to obtain compensation for resulting injuries.

With the help of an experienced Texas premises liability attorney, victims of slip and fall incidents can prove every element of a negligence claim, including the following:

• The owner of the property where the victim was injured owed a duty of care to that individual and failed to live up to that duty.
• The property owner’s failure to exercise proper care was the direct cause of the victim’s injuries.
• The victim suffered verifiable damages as a result, including medical treatment costs, lost wages, and other damages.

Filing the Lawsuit

Your attorney may begin working on your case by sending the responsbile party or parties a notice or demand letter. Negotiations outside of litigation often fail because the responsible parties refuse to live up to their obligations to compensate victims without the pressure of a lawsuit. Therefore, an experienced personal injury lawyer will begin filing a lawsuit by drafting initial pleadings and filing them in the proper court. In a Texas slip and fall case, there is a two-year statute of limitations for filing a lawsuit. Once initial pleadings are filed, the party or parties you are suing, now known as defendants, will have a chance to answer your allegations in a formal response to the court.

Once a personal injury lawsuit is underway, the discovery stage begins. This phase involves producing various parties for sworn depositions and the sending of and responding to various discovery requests. A variety of documents may be requested, including the injured party’s medical records and any safety protocols of the defendant. Having a knowledgeable attorney by your side is the best way to prepare for a deposition.

Once the discovery stage is complete, each side will likely file motions that the court will rule on. In most cases in Texas, the parties will be required to work with a mediator to negotiate a settlement before heading to trial. If alternative dispute resolution is unsuccessful, the case will be set for trial.

When parties are unable to resolve all of their legal issues outside of court, a case is set for trial. A judge and/or jury will hear evidence and arguments from each side and make a decision based on the facts as to whether the defendant is liable for the victim’s injuries. If the trier of fact decides the property owner is liable, the amount of damages will then be determined.

South Texas Slip and Fall Attorneys

If you or a loved one has been injured in a slip and fall accident, contact the Rio Grande Valley premises liability attorneys of Ezequiel Reyna Law Office today to discuss your case at no cost. There is limited time to act following a slip and fall accident in Texas, so don’t delay.