Houston, TX Personal Injury Attorney Daniel D. Horowitz, III talks about the logistics of how to prove a slip and fall case.
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Proving liability that can be very difficult because the law in Texas isn’t – a lot of people think if you fall on somebody’s property then the property owner is automatically responsible or libel for it that’s not the case. In Texas, we’ve got to prove first that there was some unreasonably dangerous condition. Second, we’ve got to show that the property owner or the business owner or whoever it may be that they actually knew about it or that they should have known about it.
So that gets really difficult, you know, in a grocery store, for example, if you’re walking down the aisle and knock over a jar of oil like cooking oil onto the floor and I come around the corner 10 seconds later and slip and break my leg most likely the grocery store’s not going to be responsible. Because there’s no way for them to have known in that little of time or they should have known in that little of time to where they had a responsibility to go clean it up.
Also, if there’s any warnings, if you as the customer know that there’s something dangerous then you lose. So if there’s a wet floor sign or if you had seen the spill or whatever it may be, you’re going to lose that case.
We see a lot of trip and falls and that involves – we’ll see a lot where business owners will put mats over like a curb until you can’t tell. I’m also working on one right now where a lady is significantly injured tripped walking into a doctor’s office because there was about an inch and a half gap or rise in the walkway but you couldn’t see it because of the color of the concrete. These cases also require expert witness testimony but with the right, if you do the right work on them they can be successful but they’re very difficult and take a lot of early on work and screening.