March 18, 2020 Slip, Trip, or Fall Chris Stolmeier

San Antonio Slip and Fall Lawyers

The Supreme Court of Texas recently delivered a strong opinion to assure that not only are Slip and Fall victims properly represented but defendants are properly protected when a victim does not meet his burden of proof. The Supreme Court of Texas specifically wanted to differentiate between a Slip and Fall caused by negligent activity and a Slip and Fall caused by premises negligence. This article will explain what a negligent activity is and what premises negligence is, and what needs to be proven for each.

Slip and Fall Caused by Negligent Activity

A Slip and Fall caused by negligent activity means your injuries were caused by an ongoing constant activity. An example of a negligent activity can be if a grocery store employee negligently runs a restocking cart into you, causing injuries. The act of the employee negligently running a restocking cart into you is considered a negligent activity because you were injured by or as a contemporaneous result of the activity itself.

To prove liability for a negligent activity you must show:

• • The defendant owed you a legal duty of care;
  • The defendant breached that legal duty of care;
  • The breach proximately caused your injuries; and
  • The injuries resulted in damages.

Slip and Fall Caused by Premises Negligence

The most typical Slip and Fall occurs when the premises is unreasonably maintained and you suffer a injuries. An example of a Slip and Fall caused by premises negligence is when a grocery store knows or should know of a spill in an aisle, fails to clean or warn you of the spill, and you are injured because of the spill. This spill is not a constant ongoing act so you have a premises negligence claim, rather than a negligent activity claim. To prove a premises negligence claim, you must show:

• • The defendant owed you a duty of care;
    • You were an invitee, licensee, or a certain type of trespasser;
  • The defendant was the possessor or in control of the premises;
  • A condition on the premises posed an unreasonable risk of harm;
  • The defendant knew or reasonably should have known about the danger;
  • The defendant breached its duty of care;
    • Failing to adequately warn you of the danger; and
    • Failing to make the danger reasonably safe; 
  • The defendant’s breach proximately caused you injuries; and
  • The injuries resulted in damages.

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. If you are a Slip and Fall victim it is extremely important to find the right lawyer to represent you in your claim. Failing to find the best lawyer for your case may result in poor representation, which may ultimately impact how much compensation you are awarded. Stolmeier Law has over 35 years of experience representing personal injury victims in San Antonio and South Texas. So if you or a loved one has suffered serious injuries from a Slip and Fall, contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip and Fall, Call Stolmeier Law.