How to Prove a Slip and Fall

San Antonio Slip and Fall Lawyers

Prove a Slip and Fall

To prove a Slip and Fall you must prove the property owner owed you a duty, the owner breached that duty, the breach caused you injury, and the injury resulted in damages.

What duty does a property owner owe me?

The duty a property owner owes you depends on whether you are an invitee, licensee, or trespasser.

What is an invitee?

The most well known Slip, Trip, or Fall case involves a person who is injured on a business’ property because of the business’ failure to remedy a dangerous hazard. In these situations, the person who is injured is known as an invitee. An invitee is a person who is invited onto the property owner’s land as a member of the public or a person who enters the property owner’s land for the purpose of conducting business with the property owner. An example of an invitee is a person who enters a grocery store to shop. The property owner owes the invitee a reasonable duty of care. This means the property owner must act with the same reasonable care as any other property owner would act to remedy a hazardous. If the property owner knew of the hazardous condition or should have known of the hazardous condition, and an invitee is injured because of the dangerous hazard, the property owner can be held responsible for the invitee’s injuries.

What is a licensee?

Additionally, a Slip, Trip, or Fall case can arise when a property owner gives permission for a person to enter onto the land, but does not give permission to the general public to enter the land, and the person is injured. This person who is allowed to enter the land is called a licensee. An example of a licensee is a plumber who is invited onto an owner’s property to fix a sink. A property owner owes a lesser duty to licensees than to invitees. A property owner owes a duty to licensees to warn of known latent (hidden or concealed) dangers.

What is a trespasser?

A trespasser is a person who enters another’s property without the property owner’s permission. A property owner does not owe a duty to a trespasser, except for some limited circumstances. These exceptions include:

  • An intentional act to injure the trespasser; or
  • Gross negligence to the trespasser. Gross negligence is the knowledge that an act or condition is a substantial and unnecessary risk, yet you choose to commit the act or allow the condition to not be remedied.

How does a property owner breach his duty to me?

Next, to prove a Slip and Fall case you must show a property owner breached his duty to you. A property owner breaches his duty when:

  • The property owner or employee caused the dangerous hazard; or
  • The property owner or employee knew of the dangerous hazard and did not remedy it; or
  • The property owner or employee should have reasonably known of the dangerous hazard and did not remedy it.

A property owner or employee’s knowledge and acts are determined on a reasonable person standard.
Black’s Law Dictionary defines a reasonable person as an ordinary person who exercises care while avoiding extremes of boldness and carefulness. The reasonable person standard is viewed on how an ordinary person would act under similar circumstances.

A property owner or employee must reasonably act to keep the property safe from dangerous hazards. To determine whether a property owner or employee kept the property reasonably safe, consider the following:

  • Was the dangerous hazard present for a long enough period of time that the property owner or employee should have known about it?
  • Was the dangerous hazard in a location regularly checked or cleaned by the property owner or employees?
  • Was the dangerous hazard in a location that the property owner or employees should expect, such as the entry or exit, or the produce aisle of a market?
  • Were there mats or warning signs located in the area of the dangerous hazard?
  • Could the object have been removed or made safe without unreasonable expense by the property owner or employees?
  • Did inadequate lighting contribute to your Slip, Trip, or Fall?

Stolmeier Law’s tips about what to do if you’ve experienced a Slip, Trip, or Fall may help you once a property owner breaches his or her duty to you.

Does the dangerous hazard have to cause your injuries?

Yes, to prove a Slip and Fall the dangerous hazard must be the proximate cause of your injuries. A proximate cause is the event that is immediately responsible for causing your injury.

Did your injuries result in damage?

To prove a Slip and Fall, your injuries must result in damages. Damages can include medical bills, pain and suffering, lost wages, lost earning capacity, etc. See our article on how to determine your Slip, Trip, or Fall claim worth to help determine your damages.

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. Stolmeier Law has over 35 years of experience serving Slip, Trip, or Fall victims in San Antonio and South Texas. We know how to prove a Slip and Fall. So if you or a loved one has suffered serious personal injuries from a Slip and Fall, contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip, Trip, or Fall? Call Stolmeier Law.