If you sustained injuries due to dangerous conditions on private property, you may be able to bring a compensation claim. However, the details are critical in any legal matter, and establishing liability in Austin slip and fall claims can be difficult to achieve on your own.
Thankfully, you have access to skilled legal help when you contact Maschka Personal Injury. Our firm has been serving clients in Austin and the surrounding areas for more than 25 years. Our slip and fall attorneys understand the difficulties you are facing, and they are ready to help you secure the resources you need to recover and get back to living your life.
After being injured in a slip and fall accident on someone else’s property in Austin, proving fault requires meeting specific legal standards under state law. There are key elements in proving liability in a slip and fall claim.
You first need to show that the person who owned the property owed you a duty of care. If you were on the property legally (either because you were invited or because it is open to the public), it is possible that the property owner had a duty to remove snow, ice, or spilled liquid, and to generally address other slipping hazards that could cause you harm.
You next need to show that a hazardous condition existed on the property. This could include wet floors, an icy walkway, or unremoved snow in the parking lot. Our attorneys will gather evidence demonstrating the specific hazard that caused your slip and fall.
You must show that the property owner knew about the dangerous condition (legally called actual notice) or successfully argue that they reasonably should have known about it (legally called constructive notice).
You must then show that the property owner failed to fix it or to warn visitors despite having adequate time and opportunity to do so.
Finally, you will need to prove that the hazardous condition directly caused your injuries. This means establishing a clear link between the dangerous property condition, your slip and fall, and the resulting injuries.
These elements are not always easy to prove, which is why it is a good idea to work with a premises liability lawyer at our firm. We have an in-depth understanding of the legal requirements and know how to present the facts to a jury.
It is very common for property owners and insurance companies to argue that the victim was primarily or at least significantly at fault for the accident and their own injuries. Defendants may claim you were not paying attention to your surroundings or that you ignored a hazard that they considered to be “open and obvious.”
Allegations like this are common because the state recognizes a legal principle known as modified comparative fault as outlined in Minnesota Statutes § 604.01. A jury can assign a percentage of fault to the defendant and to you as the plaintiff. If you win your case, your compensation is reduced according to your level of fault. If you are deemed more than 50 percent at fault, you cannot collect any compensation.
Our Austin attorneys understand the tricks defendants use to shift blame, and we are prepared to counter any argument that you were largely or primarily at fault for your slip and fall accident.
Recovering from your injuries after a slip and fall accident can be overwhelming. At Maschka Personal Injury, we handle all legal aspects, including establishing liability in Austin slip and fall claims. Contact us today to discuss your concerns and legal options with an attorney from our team during a free initial consultation.
