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Dallas Slip/Trip and Fall Attorney

Our Dallas premise liability lawyers know that in order to be successful with a claim, you must prove negligence. This means you must show the property owner (or other defendant) knew or “reasonably should have known” about the defect that caused your accident, yet negligently did nothing to prevent the slip and fall. The amount of time the hazard existed can play an important role in proving these claims. If the defect existed for a longer period of time, it’s easier to allege that the property owner reasonably should have known it was there. Failure to do so, resulting in visitor injury, could end in the need to hire a Dallas slip and fall lawyer.

After a slip and fall, don’t wait to talk to one of our Dallas slip/trip and fall lawyers. We have the information and resources you need to start protecting your rights from the start. The sooner you request a free evaluation, the sooner you can learn your rights as an injured property visitor in Dallas. If we believe your accident has merit as a personal injury claim, we’ll help you take your case to the next level. Call (972) 392-1225 to learn more.

The most common accidents that give rise to premises liability claims are slips, trips, and falls. Every year, slip and fall accidents result in around one million emergency room visits. Slip and falls can happen when walking surfaces have hazards such as spilled liquids, grease, wax, ice/snow, or debris. It is a property owner’s responsibility to keep surfaces reasonably free from slip and fall hazards.

Why Speak to an Attorney After a Slip and Fall?

A slip and fall can result in fractured bones in the wrists and hips, head and brain injuries if you strike your head on the ground, or spine injuries if you fall from a height. They can be very serious accidents that cause catastrophic injuries. You might end up with thousands of dollars in medical costs, on top of income losses from missed days at work – not to mention the physical pain that can come with slip and fall injuries. For such major incidents, don’t try to represent yourself in an injury claim. Instead, trust an experienced brain or spinal cord injury attorney in Dallas.

If you didn’t cause your slip and fall, we don’t think you should have to pay these costs out-of-pocket.  There may be a property owner who failed in his or her duties to clear the area of fall hazards and is therefore legally responsible for your accident. Retaining an attorney means a professional taking care of all the details of your case, including where to seek medical care, filing your injury claim, and negotiating with insurance companies. A conversation with a Dallas injury lawyer at McGilberry & Shirer can help you determine exactly who could be liable for your damages.

Determining Fault in Slip and Fall Accidents

The more information you can gather at the time of your fall, the stronger you case might be. Write down facts such as when and where your fall occurred, who you reported the accident to, and the names of any eyewitnesses. You or your attorney will need to find out if the property owner was in the habit of searching for dangerous surfaces, whether there was a reason for the slippery floor, if there was a caution sign you missed, and how long the hazard existed. Working with someone from McGilberry & Shirer can make the evidence gathering process much easier on fall victims.

Defenses to Slip and Fall Cases

As the victim in a slip and fall accident, part of the challenge to receiving compensation comes in proving the property owner was responsible for your accident. As these cases tend to be a form of premises liability claim, the property owner has several potential defenses available:

  • The owner took care to prevent an injury by posting a warning of dangerous conditions, trying to fix the danger, or other forms of prevention
  • The person who slipped and fell was an unlawful trespasser that the property owner was not aware of
  • The plaintiff cannot prove that it was the property owner’s negligence that lead to the accident
  • The condition was reasonably obvious
  • Another reasonable individual would have chosen a different path upon recognizing the danger
  • The filed claim violates the statute of limitations
  • The conditions were such that the plaintiff has an assumption of risk
  • The plaintiff did not exhibit due caution and was partly negligent for the accident, such as by paying more attention to his or her cell phone than the path ahead or by ignoring any warnings of the danger
  • The property owner did not have enough time to reasonably repair or put up warnings about the dangerous conditions

If any of these conditions are true, you may receive a decreased amount of compensation or no compensation. As such, it’s important to have a skilled Dallas slip and fall attorney on your side that can help you provide evidence to counter the defendant’s claims, protecting your rights in the process.