Slip/Trip and Fall Attorney in Dallas, TX
When you enter onto another person’s land lawfully, you expect that the area will be maintained and safe unless you are given proper warning or notice. Unfortunately, spills, improper maintenance, or improper care is taken and accidents happen. Slips and trips often happen due to the negligence of one party. The landowner or property owner should be held accountable for not properly maintaining an area that the public routinely uses. You need a slip and fall attorney to fight on your behalf and get the compensation you deserve. Call McGilberry& Shirer, LLP for aggressive and effective legal representation.
Slip and Fall Lawsuit Requirements
The requirements needed to file a slip and fall lawsuit are very straightforward. Firstly, you will need to have sustained a personal injury from slipping or tripping on someone else’s property. Secondly, you must prove that the property owner knew or should have known of the dangerous condition and that it would cause injury. In essence, your injury was a foreseeable consequence of the dangerous condition. An experienced slip and fall attorney can help you in determining whether you have a valid claim.
Slip and Fall Accident Claims
Slip and fall accidents can easily occur in all sorts of environments. Whether you’re doing your grocery shopping or walking around the mall, you deserve to walk safely. if you slip and injure yourself, you’re entitled to damages. Such cases are built on premises liability. The owner of the property — whether commercial or residential — is responsible for the safety of the people on its premises.
To file a claim, you need to be able to determine fault. This depends on whether or not the property owner did enough to prevent potential accidents, and on whether or not the injured party acted carelessly. An initial investigation will determine whether the accident occurred because of a pre-existing condition. On a commercial property, the owner is required to offer safe conditions. If conditions are unsafe, they’re liable for all accidents. If you slip and fall, you deserve justice. Let us help fight on your behalf!
Property Owner Liability
A property owner’s liability depends on if they are a homeowner or business owner. Generally, a property owner owes a duty to those who come onto their land. While a different standard exists for those trespassing, the requirements may vary depending on state law. If the property owner created a dangerous condition, knew about a dangerous condition or should have known of the dangerous condition, and failed to repair it and it caused a foreseeable injury, the property owner could be liable.
Evaluating Slip and Fall Accidents
Just like each client, every slip and fall accident is different. In order to properly evaluate your accident, you need a skilled slip and fall attorney. The first step is to schedule a consultation and discuss the facts of your case. If the attorney can assist you, they will share a legal strategy on how to move forward in your case.
If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?
Suing municipalities is incredibly complex. There are strict deadlines and very specific requirements. In some states, cities and municipalities are immune from such claims and recovery isn’t possible. It is still possible to sue a city for an injury stemming from a negligently maintained sidewalk, but you need the help of a knowledgeable slip and fall attorney. Give us a call and we can evaluate whether we can assist you in moving forward with your lawsuit.
What if someone gets injured while at the home of a neighbor who invited the injured person there for a party?
If a neighbor invites someone to their house for a party, they are known as a licensee. The neighbor will be liable for their injury at the party if the following applies:
- The neighbor knew or should have known about the dangerous condition and the risk it posed.
- The neighbor didn’t remedy the dangerous condition nor give reasonable warning.
- The injured party didn’t know or couldn’t have known about the dangerous condition.