Winter can be one of the most dangerous times to walk around town. In some areas, winter means an increase of rain or snow, which means the ground can be icy or wet at any time. Property owners need to be vigilant about how they maintain their floors and sidewalks. If they don’t, a victim of a slip and fall accident could sue them for damages.
However, recovering damages from a slip and fall accident is more difficult in Texas. There is a 4-tier test to recovering damages after accidents on premises in the state. The 1st is the hardest to prove, which is that the owner knew of the defect or should have known of the defect that led to an accident. However, in the case ofKetch vs. Kroger, the Texas Supreme Court ruled businesses don’t need to inspect their premises for defects anymore. While an owner should have known, the court says no inspection is required.
As a victim, you have the onus to be able to prove the owner knew of something such as a spilled liquid and did nothing about it. For example, liquid on the floor dropped by a customer wouldn’t necessarily be the business’s fault; however, fluid from a leaking ice machine might be sufficient to claim damages if you have tangible proof of the leak.
Do your best to take pictures of the area and the problem as soon as possible. If you’ve been seriously injured, have a family member or friend do it for you. Make sure you get treated by a doctor, so you have medical proof that the accident caused you serious injury.
These types of cases can be complicated to prove. Let us take a look at your situation and provide skilled recommendations about your best course of legal action. Our qualified Fort Worth premises liability lawyers have more than 35 years of experience to offer your case. Let us see what we can do to recover compensation for your medical costs, lost wages, and pain and suffering.
Contact us at (817) 591-4222 or fill out our online form to schedule a free case consultation today.