Premises Liability
Proving Fault in a Slip and Fall Accident
To prove fault in a slip and fall accident, the person injured in the accident (also known as the plaintiff if a lawsuit is filed) must prove that the property owner was negligent by:
allowing a dangerous condition to exist on their property
having actual or constructive knowledge of the condition and
doing nothing to warn people or make the condition safe.
One of the ways a plaintiff can prove that the property owner should have known the dangerous condition was there is by showing that a reasonable person in the property owner’s position would have known and done something about it. Whether or not a reasonable person would have known the dangerous condition was there and done something about it is often a matter of common sense for a judge or jury.
Factors that show that the dangerous condition was obvious or had been there for a long time are helpful in showing that a reasonable person would have known. For example, if a damaged part of the carpet or flooring caused the accident, there is a good chance the owner knew about it and should have done something to make that area safer.
If the plaintiff’s own carelessness contributed to the accident, this may reduce his or her chances of prevailing when trying to prove the property owner was at fault. In Austin, Texas, a plaintiff can still recover damages if he or she was partially as fault, as long as that degree of fault was 50% or less when compared to that of the defendant.
If you or a loved one has been injured in a slip and fall accident, you should contact an Austin premises liability attorney. An Austin premises liability attorney can help you file a claim for money damages after you have been hurt and obtain the justice you deserve. Contact Terry & Kelly, PLLC today for more information.
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