Slip and Fall Injury Lawyers in Waco
We have all had the misfortune of tripping or falling, and while most often we are able to catch our balance or get up without any resulting problems, sometimes these trips or falls can result in severe injuries. Hazards such as slippery floors, poor lighting, or uneven surfaces are often the cause of a slip and fall.
A slip and fall claim, often known as premises liability, is potentially created when a person slips, trips, or falls down. The claim is based on the fact that the property owner was negligent in some manner by allowing hazardous or dangerous conditions to exist on their property and that resulted in the slip, trip or fall. Property owners are responsible for removing potential dangers that may cause injuries to others. This also applies to their employees working on their property. If they are aware of the hazard or the danger that resides on their property, the property owner can be held legally responsible for any injuries that occurred as a result of the conditions.
If you can answer ‘yes’ to one of the three following questions, then it is likely that the property owner can be held liable for the unsafe conditions that caused injury.
- Did the property owner or employee cause the hazardous or unsafe condition?
- Did the property owner or employee know about the condition, but choose not to remove it or warn of the danger?
- Should the property owner or employee have been aware of the hazard or unsafe condition and should have discovered it through normal maintenance of the premises?
If you answered yes to any of the above question, then your injury was likely the result of the negligence of the property owner, especially if they had knowledge and/or the ability to remove the danger or hazard.
Defenses to Premises Liability
There are two defenses to be aware of that property owners can assert in defense of a slip and fall lawsuit.
- The property owner was not negligent. The first defense is that they were not negligent; they did not create the hazard and they did not have prior knowledge of the alleged condition. For example, just moments before the fall, coffee was spilled on the floor by another patron and the owner, acting with reasonable care, would not have had time to discover and clean up the spill.
- The injured party was negligent. The second defense is that the person who was injured was the one who was negligent, did not exercise due care, and therefore is at fault. For example, the injured party could have seen the obvious danger of the spilled coffee on the floor and failed to take the necessary actions to avoid the spill.
We Can Help
If you have been injured in a slip and fall but aren’t sure if you have a case, contact the attorneys at Zinda Law Group in Waco. We can investigate your case, collect evidence and determine if you have a claim, all at no cost to you. Call us today for a free consultation.