When Is a Property Owner Liable for a Slip and Fall on Their Premises?
Slip-and-fall accidents can result in severe injuries, including broken bones, head trauma, and spinal cord damage. Read on for a discussion of how Texas premises liability law governs when a property owner can be held accountable for injuries sustained in a slip-and-fall accident on their property. If you or a loved one has been hurt in a slip-and-fall on somebody’s dangerous property in Texas, contact McLemore, Reddell, & Story, P.L.L.C., for skilled and dedicated assistance from an experienced Houston slip and fall lawyer.
Understanding Premises Liability in Texas
Premises liability law in Texas requires property owners to maintain reasonably safe conditions on their property for visitors. When a hazardous condition exists, property owners must take steps to address the issue or adequately warn visitors of the danger. If they fail to meet this obligation and someone is injured as a result, the property owner may be liable for damages.
However, liability in slip-and-fall cases depends on several factors, including the injured person’s status on the property, the nature of the hazard, and the property owner’s actions or inactions.
Visitor Status and Its Impact on Liability
In Texas, visitors to a property fall into three categories:
- Invitees
Invitees are individuals who enter a property for the mutual benefit of themselves and the property owner, such as customers in a store. Property owners owe the highest duty of care to invitees, including regular inspections and timely removal of hazards. - Licensees
Licensees enter a property for their own purposes but with the owner’s consent, such as salespersons or utility workers. Property owners must warn licensees of known dangers that are not obvious. - Trespassers
Trespassers enter a property without permission. Property owners generally owe no duty to trespassers, except to avoid intentionally causing harm or acting with gross negligence.
What the Injured Party Must Prove
To hold a property owner liable for a slip-and-fall accident, the injured party must establish the following elements:
- A Dangerous Condition Existed
There must have been a hazardous condition on the property, such as a wet floor, uneven pavement, or spilled substances. - The Property Owner Knew or Should Have Known About the Hazard
Property owners are liable if they created the danger, had actual knowledge of the dangerous condition, or if the condition existed long enough that they should have discovered it through reasonable inspections. - Failure to Address the Hazard
The property owner must have failed to repair the hazard or provide adequate warning, such as a caution sign. - The Hazard Caused the Injury
The injured person must prove that the hazardous condition directly caused their slip-and-fall accident and resulting injuries.
Defenses Property Owners May Use
Property owners may argue against liability by claiming:
- They Were Unaware of the Hazard
If a dangerous condition developed shortly before the accident, the property owner might argue they did not have sufficient time to discover and address it. - The Victim Was Negligent
Texas follows a modified comparative negligence rule, meaning if the injured party is found more than 50% at fault for the accident, they cannot recover damages. For example, the property owner may argue that the injured person ignored warning signs or was distracted. - The Hazard Was Open and Obvious
If the dangerous condition was easily noticeable, the property owner might contend they had no duty to warn the injured party.
Steps to Take After a Slip and Fall
If you’ve been injured in a slip-and-fall accident, taking the following steps can strengthen your claim:
- Document the Scene: Take photographs of the hazardous condition, your injuries, and the surrounding area.
- Report the Accident: Notify the property owner or manager immediately and request an incident report.
- Seek Medical Attention: Visit a healthcare provider to evaluate your injuries and document them in your medical records.
- Consult an Attorney: An experienced personal injury attorney can evaluate your case, gather evidence, and help you seek the compensation you deserve.
Contact McLemore, Reddell, & Story, P.L.L.C., for Help
At McLemore, Reddell, & Story, P.L.L.C., we have extensive experience handling personal injury and premises liability cases in Houston and throughout Texas. Our team understands the complexities of premises liability law and is committed to helping injury victims pursue justice. If you or a loved one has been injured in a slip-and-fall accident, contact us today at 713-303-8543 for a free consultation to discuss your legal options. By holding negligent property owners accountable, we aim to secure the compensation you need to recover from your injuries and move forward.
