Proving Liability in Slip and Fall Cases
For a slip and fall lawsuit to be successful, you will need to prove three important things are true in your case. The first of these is called “duty of care.” A duty of care is a responsibility requiring someone–in this case, the owner, manager, or tenant of a property–to provide visitors or customers with safe premises free from known hazards that could cause serious injury or death. The specific duty of care may change depending on the type of property and whether the visitor is invited or not, and in your case, you will need to prove that the person responsible for the premises owed you a duty of care.
The second thing you will need to prove is called “breach of duty.” A breach of duty occurs when someone owes someone else a duty of care, but is negligent in providing that. This usually means the person responsible for the premises knew or should have known about the dangerous circumstances and did not keep the premises safe in a way that would have prevented your injury from happening.
The final thing you have to prove is “causation.” This means that the breach of duty directly contributed to your injuries. For example, if you were visiting a store with a poorly lit parking lot at night, and you tripped and fell into a small hole, breaking your elbow, the hole in the ground and the poor lighting directly caused you to trip, fall, and get injured. However, if you were texting on your phone and did not see a large curb in front of you in the same poorly lit parking lot, and you tripped and fell on the curb, causation may be harder to prove.
Meet with a Carrollton, TX Personal Injury Lawyer
Proving negligence in a slip and fall case can be a complicated matter that takes quite a lot of investigation. Rather than trying to do this yourself, you can get the help of a Carrollton, TX personal injury attorney at Hartley Law Firm. Call 469-289-6063 to schedule a free consultation and learn more about how we can help.