If you get injured in a slip and fall accident in Dallas, you may be entitled to financial compensation from the property owner or another party. Before you can recover compensation for your medical bills and other losses, however, you or your attorney must prove negligence. This legal requirement asks for evidence proving that the defendant caused or contributed to your accident.
What Is Negligence?
In personal injury law, negligence is the failure to use a normal or reasonable amount of care based on the circumstances. In a premises liability case, for example, negligence may be a property owner intentionally ignoring a property hazard or defect. Negligence consists of four key elements:
- Duty of care, or an obligation to act with care and prudence.
- A breach or violation of the duty of care.
- A causal link between the defendant’s breach and the plaintiff's injury.
- Compensable losses suffered by the plaintiff.
If a reasonable and prudent party would have done something differently in the same situation, the party in question is most likely guilty of negligence. When one person’s negligence injures someone else, the negligent party can be held financially responsible, or liable, for related losses.
Examples of Negligence in a Slip and Fall Accident Case
Many different examples of negligence could cause a slip or trip and fall accident in Texas. If the property owner reasonably should have known about the risk or defect that caused your accident, yet did nothing to remedy the hazard, he or she may be liable for your losses. Examples of property owner negligence that can cause slip and falls include:
- Store employees ignoring slip and fall hazards.
- Failing to follow a cleaning or mopping schedule.
- Failing to post “Warning: Wet Floor” signs when necessary.
- Ignoring dangerous weather, such as rain or snow.
- Allowing a staircase to fall into a state of disrepair.
- Ignoring the need to repair an uneven curb or surface.
- Using lighting that is too low.
- Failing to equip nursing home residents with proper footwear.
- Failing to properly maintain a property.
As the plaintiff, or filing party, in a slip and fall case in Texas, it is up to you or your attorney to prove that the defendant was negligent and that this caused your accident. Meeting the burden of proof requires clear and convincing evidence of negligence or fault.
Evidence in a Slip and Fall Case
Evidence can refer to any records, information or data that can help you prove the claim that you are making is more likely to be true than not true. This is the burden of proof in a slip and fall case, known as a preponderance of the evidence. Take the following steps to collect evidence to support your legal claim as an injured accident victim in Texas:
- Immediately after your slip and fall accident, talk to eyewitnesses and report the incident to a staff member or supervisor.
- Take photographs while you are still at the scene of the accident, taking special care to capture the puddle, slippery surface or hazard that caused your accident.
- If there are surveillance cameras that might have caught your fall on tape, request a copy.
After going to a hospital for immediate medical care, request copies of your medical records. - Work with a slip and fall accident lawyer to gather other forms of evidence, such as maintenance logs.
The best way to prove negligence in a slip and fall case in Texas is with assistance from an attorney. An attorney will understand how to prove your case, as well as the best ways to negotiate with an insurance company for maximum financial compensation. You can relax and focus on healing while your lawyer takes the necessary steps to prove your case. Consult with a premises liability lawyer in Dallas today if you've been injured in a slip and fall accident.