It happens all the time. The typical scenario is where a person enters a store and due to some sort of defect in the premises or a condition on the property, a person slips or trips and falls and becomes injured. In this sort of case, who is at fault? Well, it is not quite as easy as it sounds.
If the store allowed a dangerous condition or defect in the premises to exist, they had actual knowledge of the defect on the premises or a dangerous condition, and failed to correct it, or they had reason to know that a defect or dangerous condition existed and failed to take corrective action, then you will have a viable claim for damages after a slip and fall accident.
So What is a Dangerous Condition or Defect?
Typically, a dangerous condition is some sort of substance on the floor, such as water or an oily substance, like a busted soap container. These situations arise where either through an employee of the store or another customer spill something onto the floor and do not clean it up. If it was done by an employee, then via the doctrine of respondeat superior, the store will be liable for your injuries because they would have had actual knowledge of a dangerous condition or they should have known of the dangerous condition (see above). However, if it was created by another customer, then we will need to show that the store knew or should have known about the dangerous condition either by being informed of the condition prior to the accident that caused your injuries or through an employee working in the area or visibly inspecting the spill in some way.
A defect is slightly different, this is something that exists on the property wholly apart from something that a customer or employee has done. This is usually something that comes up in parking lot slip and fall cases where there is a pot hole in the parking lot or some other issue that a customer would not have actual knowledge of but the store most likely would or should through inspection and maintenance of the property.
Have You Been Injured in a Slip and Fall Accident?
If you have been injured in a slip and fall accident, you need to know who to call. After you have sought any necessary medical treatment, you need to call the experienced attorneys at Guest and Gray, P.C. We have handled countless slip and fall and other personal injury cases. We take all of our personal injury cases on a contingency basis, meaning that if you do not receive compensation for you injuries, neither do we. We work tirelessly for our clients and pursue your claims to the fullest extent of the law.
Do not hesitate. You need to call as soon as you can so that we can ensure that all relevant evidence of your injury is available for trial purposes. We do not want surveillance tapes to be written over or memories of witnesses to fade. It is vitally important to your case to get that information protected as soon as possible. Call now! 972-564-4644
About Our Firm:
Here at Guest and Gray, P.C., we are an experienced litigation team serving all North Texas counties. We are the largest and highest rated law firm in Rockwall and Kaufman County. We regularly pursue personal injury claims from slip and fall cases, wrongful death to motor vehicle and 18-wheeler accidents. Our practice is quickly growing with offices now located in Dallas, Rockwall and our main office in Forney, Texas to provide convenience to our clients. We are longtime faces in our community and we love what we do. We seek to provide an air of calm and confidence for our clients during a difficult time. We believe that makes us a little bit different from everybody else, and we like it that way.
If you or a loved one have been injured or killed in an accident in the Dallas, Rockwall, or Kaufman counties, or any of the surrounding areas, you need to give us a call today and schedule a free consultation. For more information, give us a call at (972) 564-4644.