Slip-and-Fall Accident Lawyers
Banner, Briley & White — Wichita Falls, Texas
Many people believe that if they fall and are injured on someone else’s property, they automatically have a right to compensation. In fact, nothing could be further from the truth.
In the real world, slip-and-fall accident victims who want compensation for their injuries must be able to prove, among other things, that the property owner was negligent in allowing a dangerous situation to exist.
If You Are Injured in a Slip-and-Fall Accident
If you do slip and fall on someone else’s premises, you should immediately notify someone in a position of authority. Inquire as to their premises liability insurance coverage. Take down the name of the company and the phone number as well as the names and phone numbers of any of the witnesses. You should seek a medical examination and appropriate treatment immediately.
Requirements: The Burden of Proof
A slip-and-fall accident claim requires the following elements:
1. The Plaintiff was an invitee, meaning that the Plaintiff entered the Defendant’s premises in response to an express or implied invitation by the possessor and for the benefit of both parties;
2. The Defendant was a possessor of the premises. Possessors include, but are not limited to, an owner of a public business, a general contractor in control of the premises, a landlord, a tenant, an easement owner or a governmental entity;
3. The Plaintiff must prove that a condition on the premises posed an unreasonable risk of harm;
4. The Defendant knew, or should have known, that a condition on the premises posed an unreasonable risk of harm;
5. The Defendant breached its duty of ordinary care by:
- Failing to adequately warn the Plaintiff of the condition, and
- Failing to make the condition reasonably safe;
6. The Defendant’s breach was the proximate cause of the Plaintiff’s injuries.
You should be aware that if you have fallen and injured yourself on someone else’s property, the property owner is going to allege that the fault was your own — that you didn’t exercise the caution that an ordinary and prudent person would have exercised under the circumstances. They may also allege that your injuries were pre-existing.
Because these arguments can and do work, you should keep an eye out for dangerous situations whenever you are an invitee or an implied invitee onto someone else’s property. Look at the sidewalk and/or the floor to be sure it is clean and dry, without holes or uneven places where you could catch the toe or heel of your shoe and trip. Similarly, if you notice something spilled on the floor, report it and avoid the area until it is cleaned up. Also, follow safety directions and warning signs put up by the owner. Do not take chances.
If you are a property owner, your first order of business should be to keep your property free of hazards. Keep floors clean, dry and free of obstruction. As soon as you are made aware of a dangerous situation, put up warning cones and correct the defect or clean the area. Check the bathrooms regularly to be sure no overflow creates a wet slippery surface. Repair or replace holes in the floor, broken tiles or torn rugs. Monitor water fountains and ice machines to be sure no liquid seeps out around the bottom of the machine. Be vigilant about checking for debris or wet spots tracked in from the outdoors when it is rainy, snowy or icy. Use bright paint to mark dangerous areas outside such as a slope or a change in the curbing.
Getting Started
Our firm handles slip-and-fall accident cases on a contingency basis. This means it will cost you nothing to get us started on your claim. Our attorneys collect a fee only if you receive compensation from the person or business responsible for your injuries.
To arrange for a free consultation, contact us online, call our North Texas offices at 940-692-5000.
