If you’ve been involved in a premises liability accident, Thomas J. Henry Law may bring expert witnesses to help prove fault, liability, and damages. These include:

• Premises Maintenance Experts
• Structural Engineers
• Slip Resistance Testing Experts

Oftentimes in a slip and fall case, the property owner will concoct a legal defense and try to avoid liability by claiming that the slip and fall (and subsequent injury) was the victim’s fault. This defense is raised by the defense counsel in which they must prove that the injured party contributed in some way to the accident.

There are different types of comparative fault and negligence systems depending on the state in which you reside. In Texas, for example, a modified comparative fault system allows plaintiffs to recover damages as long as they are found to be no more than 50 percent negligent in the accident that caused their injury. However, if a jury awards a plaintiff that is found to be partially at fault for the accident, the recoverable damages are reduced by that percentage. For example, a jury award of $100,000 would be reduced to $50,000 if a plaintiff is found to be 50 percent at fault.

If you or a loved one were injured on someone’s property and believe your injury was the result of the property owner’s failure to provide reasonable protection, following these steps may help build your product liability case.

• Seek medical attention for your injuries
  
• Ensure that you or loved ones’ well being is taken care of before taking any other actions
  
• Report the incident to the owner or manager of the property
  
• Make sure to get a copy of the incident report
  
• Take pictures of the area where the accident happened
  
• Photos with a date and time are important, because evidence could be removed
  
• Get names and phone numbers of any people who witnessed the accident
  
• Witnesses will help prove your story in the future
  
• Call an experienced injury attorney

Thomas J. Henry Injury Attorneys has the experience and resources necessary to retrieve the compensation you deserve for your injuries

In most situations, a property owner owes a general duty of care toward those injured on his property. How far this duty of care extends is dependent on the relationship between the property owner and the injured person. In most premises liability cases, plaintiffs will fall into one of three categories:

• Licensee: A licensee is a visitor whom the property owner permits expressly or implicitly to be on his property without a contractual relationship or trade of benefits. A houseguest is normally considered a licensee.
• Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money. A residential example of an invitee would include a contractor hired by a homeowner to complete repairs on a property. While a transfer of money is common in invitee situations, it is not required.
• Trespasser: A trespasser is a visitor who comes onto a property without permission of the property owner.

Slip and fall accidents can occur in a variety of settings: indoors or outdoors, residential or commercial. A landlord of a residential property can be held liable for an injury sustained in a slip and fall just as a property or business owner could. A serious slip and fall accident commonly occur in the following locations:

• Amusement parks
• Apartment complexes or buildings
• Elevators
• Grocery stores
• Parking garages
• Parking lots
• Restaurants and bars
• Retail stores
• Shopping malls
• Sidewalks and other walkways
• Sports stadiums and arenas
• Stairways