If you were injured in a slip and fall accident, you may be able to pursue compensation for your medical bills, lost wages, and other damages. However, to secure compensation, you’ll have to prove the property owner was negligent. This is based on the property owner’s duty of care and breach of that duty. When you can show that the breach of duty caused your injury and damages, you have the right to seek compensation from the property owner through a San Antonio slip and fall accident claim.
Duty of Care
The duty of care is the legal responsibility someone owes under a specific set of circumstances. All property owners are expected to keep their properties safe to avoid causing injury to visitors. However, the particular duty of care depends on the legal status of the visitor, as follows:
Invitee
Invitees enter a property for commercial purposes, such as customers at a store. Because the property owner stands to receive money by their presence, they are entitled to the highest duty of care. Property owners must warn about potential dangers, repair any known or reported hazards, and regularly inspect their premises.
Licensee
Licensees are people who are lawfully on a property for their purposes, such as door-to-door salespeople and social guests. These visitors are owed a reasonable duty of care, so property owners must warn of potential hazards and repair known dangers.
Trespasser
Trespassers do not have the owner’s permission or the legal right to be on the property. They are owed the lowest duty of care. Property owners need only not intentionally cause them harm.
Breach of Duty
The breach of duty occurs when the property owner exposes a visitor to an unreasonably dangerous safety hazard that causes their injury. For example, a visitor may slip and fall due to breaches of duty, such as:
- Wet or slippery surfaces
- Spilled liquids or foods
- Icy walkways
- Uneven or damaged flooring
- Cracked sidewalks and potholes
- Torn carpeting
- Obstructed walkways
- Insufficient lighting
Causation
You must be able to show the connection between the property owner’s breach of duty and your injuries. This requires showing that the accident wouldn’t have happened if the property owner had not breached their duty. Evidence can help you prove liability, such as:
- Video footage
- Photos of the conditions that contributed to your accident
- Witness statements
- Inspection reports
- Maintenance records
- Medical records
Damages
Finally, you must show that you suffered actual damages because of the accident, such as:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
An experienced slip and fall lawyer can help gather the evidence necessary to prove each element of your personal injury claim.
Contact an Experienced Slip and Fall Lawyer for Legal Assistance
Proving liability in a slip and fall case can sometimes be difficult, but an experienced San Antonio premises liability lawyer can help. Personal injury attorneys are familiar with premises liability laws and know what type of evidence can help establish your right to compensation. Contact us today for a free, no-obligation consultation.