This is the next post in our series about handling slip and fall cases in Fort Worth, Texas. The previous article discussed how comparative fault may impact a victim’s damage calculations. Even if partially at fault, one may possibly still recover damages. It also stressed the importance of obtaining a knowledgeable personal injury attorney to represent your interests. Retaining counsel immediately following the incident may help preserve your legal rights. This article will examine the role that expert witnesses may play in slip and fall matters. If you have been injured, contact a lawyer today.
Expert witnesses can provide information about a Fort Worth property owner’s industry specific standard of care
If a Fort Worth person is injured on property owned by a third party, the owner of the premises may be liable to the victim. In a slip and fall accident, the injured person will be required to prove the property owner knew or should have known that a dangerous condition existed on the property and failed to exercise reasonable care to correct the problem. Evidence such as eye witness interviews, security camera footage, or pictures of the scene may be introduced to help support a victim’s claim. A property owner’s standard of care, however, will differ depending upon the type of property on which the injury occurred. An expert witness may be able to provide additional valuable testimony on the industry standards applicable to the specific property type.
Suppose, for example, a shopper slips on a puddle of water in the produce department of a grocery store. Proving that the store owner or its employees knew or should have known that the puddle had formed at the time of the accident may be difficult. Further, showing that the employee’s failed to clean up the spill in accordance with normal grocery store activities may be problematic. A witness who is an expert in grocers’ industry standards may be able to provide testimony about the type of equipment used in the store and its tendencies to create wet floor conditions. The expert may also testify about typical mopping or “wet floor” signage practices followed in the grocery industry relating to the owner’s responsibilities. The court’s decision will be based on the facts of each specific case, however, the expert’s knowledge may be important to the outcome of the case.
Expert witnesses may be essential in demonstrating an injured Fort Worth party’s damages
As in all personal injury cases, expert testimony is also imperative when the victim has sustained a serious injury. A property owner may be responsible for the injured party’s medical bills, lost wages or punitive damages depending upon the facts of the case and the extent of the injuries. Medical professionals may be consulted to ascertain the prognosis, recovery time expected or the extent that future medical procedures may be necessary. Vocational specialists could be required to prove how the victim’s injuries may impact their ability to return to work, if possible. Financial experts may also be important to calculate lost past and future wages, long-term medical expenses, etc.
It is essential to contact a knowledgeable attorney with experience in slip and fall trials and with the resources to hire expert witnesses necessary to represent your interests. We suggest hiring a law firm with multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. These recommendations apply in Fort Worth and Dallas as well as other areas of Texas.