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.