A slip-and-fall accident can happen unexpectedly in a split second. While slip-and-fall accidents might seem unserious, and while many of these accidents usually cause minor injuries, slips and falls can also result in serious or even catastrophic injuries, such as head and brain injuries, broken bones, and spinal injuries. Besides physical injuries, slip-and-fall accidents can lead to emotional and financial challenges. Slip-and-fall accidents can lead to emotional pain and suffering, mental distress, medical expenses, lost income, and ongoing rehabilitation costs. In Texas, determining liability after a slip-and-fall accident is vital for recovering compensation for your injuries and damages. Property owners and occupiers have a legal obligation to maintain safe premises. Failure to do so can result in legal liability. But liability is not always straightforward. Below, we will take you through how liability is determined in Texas slip-and-fall cases, your legal rights, and how you can protect yourself after an accident.
Understanding Premises Liability Laws in Texas
In Texas, slip-and-fall cases fall under the umbrella of premises liability law. Texas premises liability law is clear: property owners and occupiers are legally obligated to keep their premises safe for visitors. However, the level of duty depends on the visitor’s legal status.
- Invitees
You are an invitee when you enter someone’s property with their permission (whether directly stated or implied) for a purpose that serves their interests. For example, you are an invitee if you enter a grocery store to shop. In Texas, invitees are given the greatest level of legal protection. Owners are required to inspect their property regularly and either fix or mitigate the dangerous condition or provide warning signs.
- Licensees
You are considered a licensee if you enter a property with the owner’s or occupier’s permission, but for your own purpose, such as a social guest at a private home. Licensees have the right to be warned about known hazards that are not obvious. However, owners are not required to inspect their property for hazards.
- Trespassers
An individual is considered a trespasser if they enter a property without the owner’s permission. In Texas, trespassers are owed the least duty of care. Owners must only avoid recklessly or intentionally harming trespassers.
However, there is an exception under the law. Property owners and occupiers may be liable for injuries to trespassing children if a hazardous condition attracts them to the property.
Most slip-and-fall cases fall under the invitee category, meaning that if you were involved in an accident, you likely have the legal right to pursue compensation for your injuries and damages.
Determining Liability in a Slip-and-Fall Accident
Determining who is liable in a Texas slip-and-fall accident means finding out if the property owner or occupier was negligent. To establish negligence, the plaintiff needs to demonstrate the following elements;
- The owner or occupier owed them a duty of care: Meaning the injured party was either an invitee or licensee at the time of the accident
- The duty of care was breached: The property owner or occupier failed to address a dangerous condition or adequately warn the plaintiff about the hazard.
- Causation: The property owner’s or occupier’s breach directly caused the plaintiff’s injury.
- Damages: The injured party must have experienced actual harm, such as medical expenses, lost income, and pain and suffering.
Investigating and gathering evidence quickly after a slip-and-fall accident is vital for establishing liability. A qualified slip-and-fall attorney can help you collect and preserve the evidence you need to prove your case.
Potential Liable Parties in a Texas Slip-and-Fall Accident
Depending on the circumstances, liability in a Texas slip-and-fall accident may extend to various parties, including;
- Property owners
- Business operators leasing a property
- Property management companies
- Government entities
Liability depends on who controls or maintains the premises and the specific circumstances of the accident.
Common Arguments Defendants and Insurance Companies Use
When you file a slip-and-fall claim, you can expect the defendant and their insurance company to raise defenses to try to avoid liability. Here are some of the common arguments defendants and insurance companies use;
- Claiming you were wearing the wrong shoes
- Claiming you were distracted
- Suggesting you had no right to be on the property
- Arguing that the hazard was obvious and you should have noticed it
Texas is a modified comparative negligence state. Under this law, if you are found to be more than 50% responsible for your fall, you cannot recover damages. And even if you are less than 51% to blame, your recovery will be diminished by your percentage of fault. This makes it vital to work with a skilled attorney who can ensure you are not apportioned more fault than is right.
What Compensation Can You Recover?
If you have been injured in a slip-and-fall accident by a property owner’s or occupier’s negligence, you may be eligible to recover, among many others, the following financial damages;
- Medical expenses
- Lost wages
- Pain and suffering (physical and emotional)
- Emotional distress
The exact amount you will recover depends on the factors surrounding your case, such as the severity of your injury, the strength of your evidence, and comparative negligence.
Protecting Your Rights
After a slip and fall, here are some steps to take to strengthen your case;
- Seek medical attention immediately
- Report the incident
- Document the scene
- Gather witness statements
- Consult with an attorney as soon as possible
In Texas, you only have two years from the date of the slip-and-fall accident to file a lawsuit. Therefore, it’s vital to act quickly and seek legal help right away.
A slip-and-fall accident can change your life in an instant. Major injuries, substantial medical expenses, and lost income are common results of slip-and-fall accidents. Fortunately, if your fall happened due to another party’s negligence, you can pursue compensation. At the Law Office of Luis A. Perez, PC | Abogados de Accidentes, we are dedicated to helping victims and their families hold negligent property owners and occupiers accountable. We can help you get the justice and compensation you deserve. We understand the law and what it takes to prove negligence. We know the defense tactics defendants use and how to fight them. Our Dallas personal injury attorneys are not intimidated by insurance companies and will not settle for less than you deserve. If you are ready to fight for your rights, contact us today to schedule a consultation.