What do I have to prove in a slip and fall case?

How do I prove my injuries in a slip and fall case?

Video transcript: Premises liability, you know, that can be very difficult because the law in Texas isn’t…a lot of people think if you fall on somebody’s property then the property owner is automatically responsible or liable for it. That’s not the case. In Texas, we’ve got to prove first that there was some unreasonably dangerous condition. Second, we’ve got to show that the property owner or the business owner, whoever it may be, that they actually knew about it or that they should have known about it. That gets really difficult.

You know, a grocery store for example. If you’re walking down the aisle and knock over a jar of oil, you know, like cooking oil onto the floor and I come around the corner ten seconds later and slip and break my leg, most likely the grocery store is not going to be responsible. Because there’s no way for them to have known in that little of time or they should have known in that low of time to where they had a responsibility to go clean it up. Also, if there are any warnings. If you as the customer know that there’s something dangerous, then you lose. So, if there’s a wet floor sign or if you had seen the spill or whatever it may be, you’re pretty much going to lose that case.

We see a lot of trip and falls. We’ll see a lot where business owners will put mats over like a curb and so you can’t tell. I’m working on one right now where a lady was significantly injured. She tripped walking into a doctor’s office because there was about an inch and a half gap or a rise in the walkway, but you couldn’t see it because of the color of the concrete. These cases also require expert witness testimony. But if you do the right work on them, they can be successful, but they’re very difficult and take a lot of early on work and screening.