For those who were injured while not at home, you may be trying to file a premises liability claim. When seeking a personal injury lawyer they may ask if you are filing a slip and fall or a trip and fall premises liability claim. You may wonder if there is a major difference? When it comes to your attorney, there is a major difference. To better understand a trip or a slip and fall claim, Lastimado Texas will break down the differences between the two claims.
Burden of Proof in Negligence Cases
To understand the difference between the two claims you will need to understand the “burden of proof”. The burden of proof is a primary element in winning a compensation for a premises liability claim. You will need to provide proof of how the accident occurred. To win a premises liability claim you must prove the following:
• The party responsible for the premises or property knew or should have known of the dangerous conditions on the premises.
• The responsible party has failed to fix or warn others of the dangerous condition.
• The dangerous condition is the direct cause of the injury.
Common Causes of a Trip & Fall
To properly define a trip and fall injury case, a trip occurs when something interfered with your footing, causing you to fall. Something got caught under or over your foot which caused you to lose your balance and fall. A tripping hazard can be caused by a number of different things such as:
• Electrical Cords or wiring that was in natural walkways.
• Carpet and rugs that wasn’t properly secured or has bunched up.
• Poorly installed floor, or a floor that didn’t use transitional strips during installation.
• Items left on the floors or displays not properly placed.
These are just but a few examples of a tripping hazard. Most people are not looking constantly at the ground for tripping hazards. When a person is responsible, particularly for a public or commercial property, they need to make sure there are no tripping hazards and need to be aware of their property’s conditions.
Common Causes of Slip & Fall Accidents
The nature of a slip and fall often involves a substance on the floor, or guard rails that causes someone to lose their balance and fall. However, the main concern is what was on the floor or rail that caused someone to slip and fall and could it had been prevented? Here are some examples of what can cause a slip and fall.
• Substances such as water, waxes, and cleaners that make the floor slick.
• Spills from food and drinks can also make the floor slick which can cause a fall.
• Freshly cleaned floors that didn’t have a warning sign.
• Worn stair steps that have lost the gripping texture.
These are only a few examples.
Personal Injury Attorneys in Dallas, TX (Just Minutes from Carrollton, Richardson, Farmers Branch, Garland, Irving, Mesquite, Grand Prairie, Duncanville, Hutchins & DeSoto, Texas
When filing your claim or seeking the aid of an attorney, they must provide burden of proof to help you win your case, and the details matter. If you were injured on another person’s property and need help filing your premises liability claim, contact Lastimado Texas today.
