Grapevine Slip and Fall Lawyer
If you are injured when you slip and fall on the property of another person, you could have a claim for monetary damages. Whether or not you are entitled to financial compensation depends on the facts of your claim. An experienced personal injury attorney could advise you on your potential claim against the owner of the property.
Whether your fall occurred at a private residence, a business, or public property, you could have the right to pursue legal action after a fall. Whether your injuries occurred due to a broken step or a spilled drink, you are entitled to hold the property owner accountable if they failed to take reasonable steps to prevent your injury. Guidance from a Grapevine slip and fall lawyer could be vital to recovering the compensation you are entitled to.
Classifying Visitors in Grapevine
Determining liability in a negligence claim often brings complications. The challenge of determining whether a property owner is responsible for a slip and fall accident can be even more challenging due to variable unique to these types of claims.
Negligence claims center around whether the defendant owed a duty to the plaintiff, and whether they breached that duty. Determining whether a duty existed in a slip and fall case depends on the type of visitor that sustained an injury on the property.
Invitees and Licensees
Property owners owe the highest duty to visitors classified as invitees. These visitors are often customers of a business who are entering for the benefit of the landowner. The duty owed to licensees is not as high. Licensees enter the property of another person lawfully, but they do so for their own enjoyment. A social guest is a common example of a licensee.
By contracts, trespassers have few rights and rarely have grounds to recover damages from a slip and fall accident. The major exception is when the property owner intentionally or maliciously injures a trespasser.
Determining whether or not a visitor injured in a slip and fall accident has grounds to file suit is a complex legal question. Determining civil liability in a slip and fall case is best left to a Grapevine attorney.
Understanding Rules of Comparative Negligence
It is not always clear that a slip and fall accident occurred due to the negligence of the property owner. In some cases, the injured party could also play a role in the fall. For example, a person on rough terrain wearing unsafe footwear could be partially responsible for any falls that occur. The same could be true for a person that failed to notice a hazard because they were texting while walking. While state law does not prevent a plaintiff from recovering damages in this situation, their right to financial recovery could be limited in some cases.
Grapevine is covered by a legal standard known as modified comparative negligence. Found at Texas Civil Practice and Remedies Code Section 33.001, this rule only prevents a plaintiff from recovery if they are more than 50 percent at fault. In cases where a plaintiff is less than 50 percent responsible, the jury must reduce their damage award in proportion to their level of culpability.
How a Grapevine Slip and Fall Attorney Could Help
Slips, trips, and falls can happen anywhere. In some cases, they lead to little more than mild embarrassment. In other cases, the result of a slip and fall could be devastating. These injuries can be particularly severe if you land on your head or neck.
To ensure you have the best chance at recovering compensation for your injuries, let a Grapevine slip and fall lawyer advise you throughout the litigation process. Call today to schedule a consultation.