Slip and fall injuries; most especially when you slip and fall on someone else’s premises; is a serious issue that could get legal in most states. This is as a result of the term known as ‘’premises liability” which binds a property owner to ensure that all guests are kept safe when visiting premises.
According to Injuries; ‘’Premises Liability is a set of rules that entail that a property owner must take certain measures that make sure that their property is safe for visiting guests.’’
And in a place like Texas, these rules are taken seriously to the extent that a property owner can be held responsible when a slip and fall occurs on his grounds; and the victim (the guest) can file a premises liability insurance claim against the property owner.
But for the guest to successfully file for an insurance claim and win; some factors are taken into consideration before the slip and fall insurance claim can be pursued and won by the plaintiff (the guest).
The Factors Considered In A Slip And Fall Insurance Claim
Was there a breach in the premises liability rules by the property owner?
This is one of the factors that are considered during a slip and fall case, as every property owner in TX is mandated to make sure that their property is safe for guests.
But if any property owner is found guilty of not following the premises liability rules and ensuring that guests are shielded from slip and fall and other accidents on their property; the injured guest can hold the property owner responsible.
Classification of the guest
In a slip and fall case, guests are classified into three categories; invitees, licensees, and trespassers. The category the plaintiff falls into will determine if he/she is liable to win the insurance claim.
If the guest was an invitee (someone who was on the property with the owner’s permission and who was there for the mutual benefit of both parties), they have the right to win the insurance claim. If the guest was a licensee also (someone who was on the property with the owner’s permission but for the guest’s sole benefit), the guest can also win the insurance claim.
But if the guest was a trespasser (someone who was on the property without the knowledge and permission of the owner), such a person can’t file or win the insurance claim.
The degree of the plaintiff’s injuries
The degree of the injuries suffered during the slip and fall is another factor the determines if the plaintiff in a slip and fall insurance claim can win. If the injuries sustained are much, and they result in the hospitalization of the plaintiff for a long period of time.
Also, if these injuries cause psychological/emotional pains to the plaintiff; then the plaintiff can file and win the insurance claim.
Not every slip and fall injury claim is taken seriously. In fact, so many insurance companies always try to find a way to sweep the complaints of slip and fall plaintiffs under the carpet; but once the plaintiff has valid evidence that tally with the factors listed above, they can easily file for an insurance claim and win effortlessly.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
