If you were injured in a fall because of a dangerous condition on another person’s property, you might be able to seek damages for the damages you sustained. Even if the owner of the property was unaware of the hazard, you may still pursue compensation.
If you are unsure about whether another person is responsible for your injuries, our Austin slip, trip, and fall lawyers are here to help. Do not hesitate to consult with an experienced personal injury attorney to evaluate the potential for a civil claim. En Español
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Austin Attorneys Holding Property Owners Liable For Trip and Spill Incidents
What is Premises Liability?
When one enters a building, he or she has a reasonable expectation that it is safe. One may have entered a retail establishment to shop, a restaurant for the purpose of dining out, or a professional services building.
Property owners have a responsibility to maintain premises in a way that keeps them safe. This responsibility includes making sure that walkways are clear of tripping hazards, debris is quickly cleaned up, and dangerous areas are clearly marked as such.
Unfortunately, there are times when the owners or operators of such premises do not adequately care for the facility, and the result is a hazardous environment. When this obligation is breached and a fall is caused, the victim may suffer serious injuries such as head trauma, spinal damage, or even paralysis. It is important to seek immediate medical treatment after such an accident.
Property Owner Negligence
In Austin, property owners could be liable for injuries occurring on their property if:
- They caused the dangerous condition that led to the plaintiff’s injuries;
- They were aware of the dangerous condition and did not take steps to remove it; or
- They were not aware of the dangerous condition that caused the plaintiff’s injuries but should have been.
We could work to obtain evidence related to the accident, such as security footage, witness statements, etc, to prove that a defendant should have reasonably known about the hazardous condition on their property. If settlement cannot be reached, and a lawsuit is filed, we will use the discovery process to gain information about the defendant’s property maintenance practices so that liability may be shown. Our experienced attorneys understand the necessary components of a successful slip, trip, and fall claim and could help you obtain compensation from liable parties.
Comparative Fault in Slip, Trip, and Fall Cases
Local courts follow a modified comparative fault rule when multiple parties share fault in a trip and spill case, including the claimant. This rule states that if a plaintiff is found to be 51 percent or more responsible for their own injuries, the court may not award any damages. Otherwise, their compensatory damages would be reduced in proportion to their assigned percentage of liability.
A plaintiff may be found partially liable if they were not paying attention at the time of the slip and fall accident or suffered an injury in an area that is not open to the public. For example, a reasonable person would not ignore posted caution signs and continue walking into an identified hazard zone. One of our Austin lawyers could gather evidence to assert the defendant’s total liability and obtain maximum compensation.
Dealing with the injuries associated with slip or fall accident can be traumatic, costly, and time-consuming. Working with an Austin slip, trip, and fall lawyer could help you recover compensation for your injuries and losses. Our team of attorneys have experience litigating slip and fall cases and could help you understand the relevant laws.
If you or someone you know was injured on someone else’s property, consider seeking legal guidance and filing a lawsuit as soon as possible. We will be in regular contact with you throughout the process and will ensure that you know what to expect as the case moves forward. Call today for professional legal guidance.