This is the next post in our series on the handling of slip and fall cases in Austin, Texas. Our last article discussed whether property owners are liable for injuries sustained in a fall. It is important to understand that a premises operator must take “reasonable” steps to keep the area safe and that they are not necessarily liable simply because someone was injured. Speaking with a personal injury attorney can help you determine whether you should move forward with a case. In this article, we will discuss another important topic – steps counsel will take to ensure that your interests are protected. We cannot stress enough that you should contact a lawyer immediately if you have been injured.
Lawyers can use the discovery process to acquire evidence in an Austin slip & fall case
We have previously discussed the conducting of discovery in trucking accident cases. Many of these same concepts will apply in a premises liability matter. Discovery provides several tools with which a lawyer can acquire evidence. These tools allow one to acquire written documents, records, and tangible objects. The defendants and other witnesses can be required to provide answers to written questions and, in a deposition, witnesses can be required to give under oath testimony in the presence of a Court Reporter. A transcript of this testimony will be created and it can be used against a witness in the event they try to change their testimony at a later date.
Evidence which one may wish to acquire in an Austin slip and fall case includes surveillance video which captured the accident, maintenance logs which show whether the dangerous conditions were being dealt with, and payroll records showing which employees were on duty at the time. These are just a few examples of items which are often relevant in such cases. It is important to understand that discovery is a complicated process. Hiring experienced counsel helps ensure that items are requested in the correct manner. Should a party refuse to provide responses, there are methods by which your lawyer can compel them to do so.
Austin Plaintiffs may find it difficult to prove a slip and fall case without conducting discovery
It is important to understand that prevailing at trial requires a Plaintiff to present evidence of the defendant’s liability. As mentioned in our last post, a defendant will only be found liable if they were not taking reasonable steps to keep the premises safe. The discovery process is crucial to gathering evidence which shows that the property owner/operator was behaving in a negligent fashion. Given how important this process is to your case, it is suggested that you contact counsel. Our Austin slip & fall attorneys have extensive experience in such matters. Contact us today. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.