$915,000 Texas Slip-and-Fall Settlement: Why Proving Notice Matters
Williams Law Group recently secured a $915,000 settlement for a client injured in a Texas slip-and-fall case.
While slip-and-fall claims may appear straightforward, Texas premises liability cases can be particularly challenging. One of the most important issues is proving that the property owner had notice of the dangerous condition.
What Does “Notice” Mean in a Texas Slip-and-Fall Case?
In Texas, simply proving that a dangerous condition existed generally is not enough to establish liability.
An injured person must typically develop evidence showing that the property owner or occupier:
- created the dangerous condition;
- actually knew that the dangerous condition existed; or
- should have discovered the condition because it existed long enough to provide a reasonable opportunity to identify and correct it.
This is commonly referred to as actual or constructive notice.
The notice requirement is one reason evidence gathered immediately after an accident can become extremely important.
Evidence Can Make or Break a Premises Liability Claim
Depending on the circumstances, evidence relevant to notice may include:
- surveillance video;
- incident reports;
- employee testimony;
- inspection and cleaning records;
- photographs and video of the condition;
- maintenance records;
- witness statements; and
- evidence showing how long the dangerous condition existed.
Unfortunately, some of this evidence may disappear quickly. Surveillance footage can be overwritten, employees may leave, and the condition itself may be cleaned or repaired shortly after an accident.
For that reason, early investigation and preservation of evidence can be critical in a Texas premises liability case.
Serious Injuries Deserve Serious Investigation
Slip-and-fall incidents can result in significant injuries, including fractures, surgeries, prolonged rehabilitation, lost income, and long-term limitations.
Insurance companies may nevertheless dispute liability by arguing that the business did not know about the dangerous condition or did not have enough time to discover it.
That is why these cases should be evaluated based on much more than the fact that someone fell.
Our $915,000 settlement demonstrates the importance of carefully developing both the liability and damages portions of a premises liability claim.
Every case is different, and past results do not guarantee future outcomes.
Contact Williams Law Group
If you or a loved one has been seriously injured because of a dangerous condition on someone else’s property in Texas, Williams Law Group can evaluate the circumstances surrounding the incident and determine what evidence may be available to support your claim.