Under Texas law, if you are injured or harmed in any other way as a result of a third party’s negligence, you can sue them for damages. The steps you need to take in order to recover damages, however, might differ depending on how you were injured. In the event of a car accident, you will have to file a personal injury claim against the other driver and seek damages for your injuries. On the other hand, if you were injured in a slip-and-fall accident, you will have to file a premises liability claim against the property owner with the help of a Texas slip and fall lawyer and seek damages for your injuries.
Though they sound similar, a slip-and-fall claim is different from an auto accident claim for a number of reasons.
Difference between Auto Accident Claims and Slip and Fall Claims
In an auto accident claim, you have to prove that the driver acted in a careless or reckless manner and caused the accident. In order to hold them liable, you only need to prove that they failed to follow the rules – whether it is impaired driving, distracted driving, or aggressive driving – which resulted in your injuries. It can be proven with the help of the police report, camera footage, and pictures from the accident scene.
In a premises liability claim, on the other hand, your Texas slip and fall lawyer has to prove the following elements of negligence.
- The property owner or the person in charge of the property knew or at least should have known about the dangerous condition which caused the accident.
- The property owner or the person in charge of the property did not take any steps to fix the dangerous condition or warn their employees, guests, or customers about it.
- You were injured and suffered financial losses directly as a result of the dangerous condition.
Even if the accident was caught on camera, your Texas slip and fall lawyer still has to work hard to prove that the property owner had or should have had prior knowledge of the dangerous condition on their premises.
In case the accident was not caught on camera, your Texas slip and fall lawyer might have to depend entirely on first-hand accounts of the accidents from people who witnessed it.
This is one of the reasons why you should be extremely careful while choosing a Texas slip-and-fall lawyer, as an inexperienced lawyer might not have the resources to gather the evidence needed to build a strong case against the negligent property owner.
Damages Recoverable in a Premises Liability Claim
- Cost of medical treatment
- Cost of rehabilitation
- Cost of long-term medical care (if applicable)
- Property damage
- Loss of income
- Loss of earning capacity
- Pain and suffering
- Diminished quality of life
Looking for a Skilled Texas Slip and Fall Lawyer to Handle Your Premises Liability Claim?
At the Kirk Law Firm, we are committed to providing effective legal representation at an affordable cost to victims of slip-and-fall accidents in Texas. Headed by Dana G. Kirk, who is one of the most successful and respected civil litigators in the country with over 40 years of experience, we have the expertise and resources to handle your premises liability claim – no matter how complicated it might be.
Contact us online for a free review of your slip and fall case.