Maximizing Settlements in Slip and Fall Cases on Commercial Property

How Do I Go About Filing Claims for a Slip and Fall Injury on Commercial Property?

Slip and fall accidents can be terrifying; they happen so quickly and make the victim feel like they’ve lost control. They may wonder if they’re entitled to file for damages if the accident occurred on commercial property, but it can feel daunting to ask for help from a corporation. But if you were injured due to negligence by the commercial property owner, they could be responsible for paying you damages. If you’re wondering if your recent injury in such an accident is valid for compensation, talk to an experienced personal injury attorney as soon as possible. They can help you identify where the liability should fall and how to prepare a case that may maximize negotiated settlements.

Another reason to work with an experienced attorney is that slip and fall cases can be difficult to prove to the level required by the law. The owner of the commercial property, their insurance representative, and their attorney will all do their best to claim they can’t be held liable because they weren’t aware of the danger. Working with an attorney who understands their tactics and can prepare to counter them is crucial.

What Are Some Tips for Maximizing Settlements for Slip and Fall Injuries That Happen on Commercial Property?

Substantial evidence is the key to maximizing settlements in slip and fall cases. That someone fell and was injured is not enough to win a sizable settlement. The court will expect to have evidence showing that the commercial property owner either was aware of the danger or should have been aware, and they should have taken the appropriate steps to mitigate the risk.

In Texas, a successful slip and fall case must prove negligence on the part of the property owner. There are four components to negligence, all of which must be proven in court.

Duty of Care

The property owner had a responsibility, or duty of care, to ensure the property was in safe condition for anyone who visited.

This is usually the easiest component to prove. For example, the owner of a grocery store that’s open to the public is responsible for keeping all public areas of the store safe, including mopping up spills and putting signage out warning of slippery surfaces.

Breach of the Duty of Care

The property owner did not live up to that responsibility. In other words, they either knew about unsafe conditions or should have known about them and did nothing to mitigate them. This can be a little trickier. Proving that the property owner knew about or should have known about the unsafe conditions is more difficult to prove. The owner could claim that there was no way they could have known. For example, if a child in a grocery store spills juice from a sippy cup on the floor and the next person to go down that aisle slips and falls, the owner could claim that not enough time had elapsed for store personnel to identify the danger and mitigate it.

Possible approaches to this problem include interviewing other witnesses who could testify to the unsafe conditions and how long they’d been present, finding video footage demonstrating that the conditions were there long enough, or having incident reports showing data from prior accidents in the same location.

Causation

The breach of the duty of care led to the victim having an accident and sustaining an injury. This can be the most difficult to prove. Common defenses from the property owner may involve alleging that the victim had an existing condition or a prior injury and that the current injury resulted from those, not from the slip and fall. They may also claim the victim was careless, which caused the accident and injury. Working with your attorney, there are ways to counter this claim.

Damages

The victim sustained actual harm that caused financial damages, including out-of-pocket medical bills or lost wages due to the injuries caused by the unsafe conditions. When injuries are immediately noticeable, such as broken bones or cuts that bleed, it’s harder to argue the accident didn’t lead to the injuries. But other injuries may not be readily apparent. Visiting a doctor immediately after a slip and fall is vital to determine if there are injuries that aren’t so readily visible. If the victim waits, the property owner may claim that they were injured later because they didn’t see a doctor right away.

What Should I Do if I Need Help Filing for Damages for a Slip and Fall Injury That Happened on Commercial Property?

Call DB Law 24/7 at 346-818-3311 for your free nationwide case review. Because these cases are complex and unique, there isn’t one single approach that works for all of them. We can examine the specifics of your case and discuss what opportunities and approaches may work for the best settlement outcome. Statutes of limitations also apply, so beginning work on the case as soon as possible is necessary.

As noted above, the commercial property owner, their insurance representative, and their attorney are highly likely to try to say they aren’t liable for the accident for various reasons. They might try to contact you and get you to say something they can interpret as taking blame for the injury. Another tactic would be to pressure you into accepting a far too-low settlement for the case. Don’t respond to any attempts at communication, but forward them to your attorney.