San Antonio Slip and Fall Lawyers
Slip and Fall Defenses
If you have been injured in a Slip and Fall on a business owner’s property you may want to know what defenses a property owner may have against your personal injury claim. Understanding a property owner’s Slip and Fall defenses against your claim will best prepare you to provide information to your attorney. It will also help you prepare throughout the development of your case, including depositions and trial.
What is Modified Comparative Negligence?
Property owners will attempt to argue that you contributed to your own personal injuries in order to limit their liability and limit your recoverable damages. Texas follows the modified comparative negligence rule. Modified comparative negligence is a defense that describes your contributory negligence to your own Slip and Fall. More specifically, modified comparative negligence means that if the jury determines that you were 51% or more responsible for your Slip and Fall, then the you will not recover any damages. A 51% threshold simply means a property owner must prove by a preponderance of the evidence, or that you were more likely than not, to be the cause of your personal injuries.
How Can a Property Owner Prove Modified Comparative Negligence?
A property owner will work with his or her attorney to find the best way to prove you contributed at least 51% to your own personal injuries. A property owner will attempt to find a single instance or multiple instances in which you contributed to your own injuries. For genuine Slip and Fall claims, property owners and employees will attempt to testify that the business was careful and took reasonable steps to ensure the business was safe from dangerous hazards. Property owners and employees will claim safety measures were clearly visible to warn customers of dangerous hazards. These safety measures may include:
- Safety mats
- Wet floor signs
- Caution tape
- Other warning signs
Property owner’s and employee’s testimony is intended to discredit your personal injury claim, so it is important to understand how a warning sign may affect your Slip and Fall claim.
Additionally, property owners and employees will attempt to claim that no dangerous hazard existed and you simply fell on your own. These Slip and Fall defenses are extremely common and can be successful because Slip and Fall victims do not have the best evidence to counter this defense. Before you ever suffer a Slip and Fall, you should be aware of What should I do if I’ve experienced a Slip and Fall?. Discovering what to do after you have suffered a Slip and Fall is too late because a business will have already remedied the dangerous hazard and any evidence that attributed to your personal injuries.
Contact Stolmeier Law, San Antonio Slip and Fall Lawyers
We are San Antonio Slip and Fall lawyers. Stolmeier Law knows how property owners will use their Slip and Fall defenses. If you have suffered serious personal injuries in a Slip and Fall on a business owner’s property do not hesitate to contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip, Trip, or Fall? Call Stolmeier Law.