What’s the Process of a Slip and Fall Case in Texas?
It can be devastating to be caught up in a slip and fall case. It can happen to anyone: slipping on a freshly mopped floor where there are no caution signs, tripping on uneven sidewalk outside of a business, or falling down a step where there was no indication a step was coming up. If you have been injured due to someone’s carelessness or negligence, you might have a slip and fall case. If so, below is a glimpse at the process you might go through if you choose to press charges.
- You must be sure you have a case. In order to have a slip and fall case in Texas, you must be less than 50% at fault for the cause of the accident. If you are 50% or more at fault for the injury, you don’t have a slip and fall case. Other aspects involved in a defendable slip and fall case are:
- The owner of the property where you sustained the injury owed you a duty of care and didn’t fulfill that duty.
- The accident was caused by the property owner’s failure to care for the property.
- Provable damage was suffered because of the injury such as: lost wages from not being able to work, medical bills from treating the injury, and so on.
Once you’re sure you have a slip and fall case, file a petition with the applicable court.
- Gather all your proof. This process can be a bit complicated, but is vital to the success of your case. Texas requires you to fact plead, which means you must provide the facts of your accident and match them up with the elements of liability for your case. If you can’t do so, the case will be dismissed. Another aspect of gathering your slip and fall injury proof involves the discovery stage, where more information will be gathered by asking both parties more questions about how the accident occurred. You may be asked to provide a deposition or a medical exam, and the defendant may be required to show proof of maintenance records on the property.
- Trial. If the discovery stage goes as planned and a mediator can’t negotiate a settlement on the case, you may end up in trial. In trial, a judge and jury will hear the arguments of the case and make a decision on who is most liable for the injuries sustained. If this decision goes in your favor, the court will decide how much compensation you will be rewarded. The defendant will usually have the option of filing an appeal to a higher court if they believe something wrong occurred in the trial. The process of the appeal can take a while, so if this occurs, you should expect a delay in restitution.
As experienced slip and fall attorneys, we care about your case. We know this process inside and out and can help you prepare for a win. Call us today if you feel you may have been injured due to someone’s negligence.