Any person who visits property owned by another party should have a reasonable expectation of safety. Accordingly, all property owners must take steps to maintain their land and keep visitors safe from harm.
However, this concept is not one-dimensional—the level of protection that a landowner must give to visitors depends both on the visitor’s permission to be on the land and why that visitor is entering the property. Because of these strict standards, many injured plaintiffs have difficulty filing a successful lawsuit against an otherwise negligent landowner.
An Irving slip and fall lawyer could help you if a landowner’s failure to keep you safe resulted in an injury. Once retained, a knowledgeable personal injury lawyer could explain the classes of visitors under state laws and how this classification may help or hinder your claim for damages.
Slip and Fall Causes and Damages
Slips and falls are perhaps the most common examples of premises liability injuries—in other words, injuries that occur because of a landowner’s failure to keep their property safe for visitors. A person may slip and fall if they step on a slippery surface, if a walkway contains loose carpeting, or if a landowner does not clear ice from steps after a cold winter night.
Even a short trip to the ground can cause severe physical injuries, and it is not uncommon for slip and fall victims to suffer broken bones, separated joints, and traumatic brain injuries. A claim for damages can demand payments for the costs of medical treatments associated with these injuries.
Additionally, a claim should evaluate the financial and emotional losses of an injured individual. If a plaintiff misses time at work to seek treatment, endures a permanent injury as a result of the fall, or now suffers from a loss of quality of life, a demand for payment can account for all these losses. An Irving slip and fall attorney could help measure the impact of a particular accident to demand the compensation needed to set things right.
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When Is a Landowner Liable?
The mere fact that a slip and fall occurs while on another’s land does not automatically mean that the landowner is liable. In fact, proving fault for a slip and fall accident can take complex legal analysis, as well as assistance from a qualified Irving lawyer.
First, a plaintiff needs to show that they had permission to be on the land. With the exception of injuries that are the result of intentional attacks or traps set by the landowner, trespassers in Texas do not have the ability to hold landowners responsible for injuries.
Conversely, people who enter property for a business purpose are known as invitees and enjoy the highest level of legal protection. Landowners must warn invitees of known dangers and take steps to regularly inspect their property. Similarly, social guests—known as licensees—can still collect compensation, but only if a landowner knew about a hazard before the incident.
Irving Slip and Fall Accident Lawyer Near Me (817) 775-5364
The Impact of Comparative Negligence
Even if a plaintiff can prove they had a right to be on the land in question and that the owner failed to provide protection, their case may still fail if a defendant can prove comparative negligence. According to Texas Civil Practices & Remedies Code §33.003, courts in Irving will evaluate the actions of all people to assign blame for an accident.
If a court believes that an accident only occurred because of the plaintiff’s own carelessness, or if that plaintiff ignored clearly placed warning signs, that court may negate an award. A dedicated trip and fall lawyer in Irving could help gather evidence needed to demonstrate that a negligent landowner was the primary party responsible for the injury.
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Let an Irving Slip and Fall Attorney Fight for the Case
Slips and falls may seem like obvious examples of landowner negligence that lead to personal injuries. However, the law in these cases required injured people to both prove that they had permission to be on the land and establish their right to protection. Only if a landowner fails to provide this protection—and the plaintiff was not careless in their own right—can a slip and fall claim succeed.
An Irving slip and fall lawyer may be able to help you make a sound legal argument for compensation. They could work on your behalf to establish your legal rights under the law, investigate the cause of the slip and fall, and measure your losses to make fair claims for compensation. Call today to let one get to work helping you.
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