Who Is At Fault for My Slip and Fall?

shopping center concept

There is a possibility that you may slip, trip, and fall in just about any public space you enter. This is whether you go to the supermarket for food shopping, the store while running errands, the doctor for an appointment, or anywhere else. The bottom line is that your incident was more than likely not your fault, so you should not have to suffer the repercussions on your own. Read on to discover who is likely at fault for your slip and fall incident and how a seasoned Harris County, Texas personal injury lawyer at White Personal Injury can help you properly identify this party for your potential, future legal claim.

Who is likely at fault for my slip and fall incident?

Most commonly, the property owner is the at-fault party of a slip and fall incident. To confirm that this applies to you and your case, take a look at the following circumstances:

  1. You must have been a welcomed visitor onto the property owner’s premises.
  2. The property owner owed you a duty of care in maintaining safety on their premises.
  3. The property owner breached their duty of care by failing to clear potential safety hazards from their premises.
  4. You experienced a direct encounter with a hazard on the premises, which was unavoidable.
  5. You suffered serious bodily injuries and property damages as a direct result of encountering this hazard.

Even if you have grounds to blame a property owner for your slip and fall, you must prepare for the defenses they may respond with. For example, they may argue that you would not have slipped, tripped, and fallen if you wore the proper footwear. Or, if you were more aware of your surroundings, to begin with.

Also, they may pass the blame onto a product designer, manufacturer, or distributor. This may be especially relevant if your incident involved you using an elevator, escalator, automated door, or any other motorized device on their premises.

What is the statute of limitations for my slip and fall claim?

Understandably, it may be difficult to reflect on and relive the events of your slip and fall incident. But it is almost necessary that you do so to identify the at-fault party properly and soon after serve your lawsuit against them.

What’s more, this must be done with some haste, as there is a statute of limitations for your slip and fall lawsuit. This deadline is generally two years from the date your incident occurred. Being only one day late may mean a permanent bar from receiving justice for this matter.

In conclusion, you cannot enter your slip and fall claim proceedings without the strong legal representation of a competent Harris County, Texas personal injury lawyer. So please contact our office, White Personal Injury, today.

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