The Texas Supreme Court has not been a friend of the slip and fall victim. Over the last decade the Texas higher courts have handed down multiple decisions making it increasingly difficult for slip and fall victims to obtain any recovery for their injuries and losses. Many victims have even lost their right to a jury trial due to No Evidence Summary Judgment rulings that kill the lawsuit prior to trial, denying slip and fall victims even an opportunity for justice. This is why you cannot fight this battle alone! You must find an attorney who understands what it takes to overcome these obstacles and WIN this battle! You cannot afford to trust your lawsuit to just any attorney. Choosing the wrong representative could be very costly!
To prevail in a premises liability (slip and fall) claim, you must prove:
- the owner or operator of the premises knew or should have known of the condition/substance that caused the injury
- the condition posed an unreasonable risk of harm
- the owner did not exercise reasonable care to reduce or eliminate the risk; and
- the owner’s failure to use such care caused or contributed to your injuries
Often, the most difficult element of your slip and fall claim to prove is that the owner of the premises knew or should have known of the dangerous condition or substance that caused the injury. This proof can be established in one of three ways:
- the owner or an employee created the harmful condition (i.e., an employee left water on the floor)
- the owner or an employee saw or was told about the harmful condition (i.e., a customer told an employee there was a spill); or
- a showing that the substance or condition was present for so long that it should have been discovered through reasonable inspection
If you become injured in a slip and fall incident, taking the following steps may prove invaluable in winning your lawsuit:
- Gather witness information from both employees and customers who may have knowledge pertaining to the incident
- Determine whether there is a video camera that may have recorded the area where the incident occurred and request that recording
- Observe the area, looking for the probable source/cause of the condition that caused the injury
- Listen to what the employees and witnesses are saying. Did anyone mention that the condition was there before for example, I was about to clean that or I told you to fix that? Any employee statement that indicates someone knew the condition was there before you fell is EXTREMELY helpful.
- Contact an attorney who is an expert in representing victims of slip and falls immediately.