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3 Things To Know About Proving Fault In Slip & Fall Accidents

Did you know that over 8 million visits to hospital emergency rooms are due to falls? As a leading cause of these visits, falls often cause fractures in about 5% of the people who take a tumble.

If that statistic wasn’t alarming enough for you, here’s another one. The third leading cause of deaths due to unintentional injuries results from falls. Claiming thousands of lives at work and home, falls can be dangerous, preventable, and can affect people of all ages.

The Centers for Disease Control and Prevention reported that the medical costs of falls soar to over $50 million in a year. The physical and psychological damage that slip and fall accidents can cause leave a lasting impact on your life.

Proving fault can often be difficult in such situations, but it’s necessary to get the compensation you deserve. If you’ve been a similar frightening situation, here are some things to keep in mind:

Unsafe conditions

While property owners don’t have to eliminate hazardous conditions at all times, they do need to provide safe conditions and take the necessary reasonable precautions to guarantee everyone’s safety.

Slippery floors, loose stairs, unstable surfaces, cluttered walkways, and poorly lit areas are common locations for slip and fall accidents. These can occur whether you’re in a stadium, apartment building, hotel, or retail store.

If the conditions are generally unsafe and can be proven to be so, you may be able to prove the property owner’s fault.

Owner’s negligence

Premises liability can be difficult to pin down, but you may be able to get the necessary compensation by proving the owner’s negligence.

Even when the conditions are generally safe on regular days, damage, deterioration, or accidents may present owner negligence. Failure to repair the damage or clean spillage even when the property owner or operator has had a reasonable amount of time to do so is one such example.

Simple preventive measures—such as placing a warning sign—can often be taken to avoid any accidents. When there’s a failure to do so, it may classify as negligent behavior.

Reasonable actions

One way property owners may evade liability in slip and fall accidents is if they can prove that your unreasonable actions caused the accident. This is especially relevant in cases where warning signage is clear and there’s an obvious risk involved, yet you did not exercise reasonable care. Whether you were trespassing into a restricted area or simply ignored the “wet floor” sign, you may not be able to prove fault.

In Texas, proportionate responsibility may be applied, assigning some share of the fault on your lack of reasonable actions. Having a compassionate and dedicated personal injury attorney by your side can help you through the process and get the compensation you deserve.

Have you been injured in a slip and fall accident in Texas?

Mike Massey Law has been serving the needs of Austin, San Antonio, Houston, and surrounding areas. Apart from probate, wills, living trust, LLC formation, and estate planning attorneys, we also specialize in personal injury law.

We’re committed to fighting for your best interests so that you can have some much-needed peace of mind. Your safety and rights are our top priority, we won’t charge you anything if you don’t receive the compensation you’re seeking!

Call us at 888-407-2407 for a free 10-minute consultation to get started. Find our office at a location near you.

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Mike Massey JD, MBA, MPA just might be the 195th most interesting person in Texas. He has 4 college degrees and he's working on a 5th:  BBS Accounting; MPA Master's in Professional Accounting; JD Law Degree; MBA Master's in Business Administration; BBS in Biblical Studies (in progress).

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