If you suffered a slip and fall on someone else’s property, you may be entitled to compensation for your injuries. However, the laws regarding slip and fall cases are strict, and the injured person must carry the burden of proof, making it harder to collect damages.
Fortunately, a Round Rock slip and fall lawyer well versed in case law and statutes regarding personal injury cases could help you collect compensation for your medical bills, pain and suffering, and other damages incurred due to the property owner’s negligence.
Elements to Establish For a Slip and Fall Claim
In a slip and fall claim, an injured party must prove the following:
- The existence of an unsafe condition on the premises
- That the owner knew about the unsafe condition
- The injured party was not informed about the unsafe condition, or the owner failed to fix it (i.e., breach of duty)
- That the owner’s breach of duty caused the accident and injured the party
The hardest part in establishing a claim for a trip and fall accident is proving knowledge. A Round Rock slip and fall attorney could help establish this element by investigating the case thoroughly and obtaining evidence needed to establish knowledge.
Modified Comparative Negligence Rule
Courts in Round Rock follow the modified comparative negligence rule, which determines how much an injured party receives. Under this shared fault rule, the injured party’s damages may be reduced or eliminated, depending on what percentage of fault they contributed.
For example, if an individual was talking on their phone when they fell and the jury finds them partially at fault for being distracted, their damages could be reduced by their percentage of fault. If they were awarded $50,000 in damages but the jury finds them to be 20 percent at fault, the damages are reduced by 20 percent to $40,000. If the injured party is found to be more than 50 percent at fault for the accident, they do not receive any damages from a fall accident case. A Round Rock attorney skilled in slip and fall cases may be able to help strengthen the case against the property owner to ensure just compensation.
Statute of Limitations for Slip and Fall Cases
Texas Civil Practice and Remedies Code Section 16.003 places a two-year deadline on filing a slip and fall case, the same as all personal injury cases. The time starts to run on the date the accident occurred.
Filing a personal injury lawsuit timely is crucial. If one files after the deadline, their claim may be barred. A Round Rock attorney could help an individual understand how the statute of limitations applies to their case and work to ensure timely filing of their slip and fall claim.
Contact a Round Rock Slip and Fall Attorney Today
Tripping and falling on someone else’s property may cause significant injuries, and you are entitled to compensation from those responsible. Many factors and legal complexities are involved in a falling accident case, and the burden is on you to prove the negligence of the property owner.
A Round Rock slip and fall lawyer skilled in this nuanced area of law may be able to help you understand your rights, the specifics of your unique case, and how to best plan your case for settlement or trial. Call today for a free consultation.