Navigating the aftermath of a serious injury can be daunting, especially when the injury occurs on someone else's property. In Texas, property owners have a duty to keep their premises safe for guests, visitors, and patrons. When a person sustains a wrongful injury on third-party property, they may be eligible for compensation in a slip-and-fall accident claim. It's important to know who's liable in slip-and-fall accidents under Texas premises liability laws.
What is a Slip & Fall Accident?
A slip-and-fall accident occurs when a person is wrongfully injured on someone else’s property. This applies to both personal residences and commercial establishments, such as swimming pools, bars, hotels, restaurants, and shopping centers.
Common examples of slip-and-fall injuries include:
- Tripping over loose carpeting or cables
- Falling due to broken stairsteps or handrails
- Slipping on a wet or slippery floor without proper signage
- Falling due to uneven pavement or potholes in parking lots
- Sustaining an injury due to inadequate lighting or negligent security
Understanding Texas Premises Liability Laws
In Texas, a slip-and-fall claim falls under the umbrella of premises liability, allowing victims to seek compensation after a slip, trip or fall due to negligence. Under premises liability laws, property owners are required to keep their premises safe and free from hazards by regularly inspecting, maintaining, and repairing the property as necessary. If they fail to do so, the negligent property owner may be liable for damages in a slip-and-fall accident lawsuit.
However, a property owner isn’t automatically liable for injuries that occur on the property.
To successfully recover compensation, the injured party must prove the following:
- The property knew or should have known about the hazard that caused the slip-and-fall injury; and
- They failed to take reasonable steps to prevent it.
Remember, seeking sound counsel from an experienced slip-and-fall injury attorney is paramount to recovering maximum compensation in court. Your lawyer can help you gather relevant evidence to fortify your claim and protect your rights while negotiating effectively with insurers and other involved parties, maximizing your chance of obtaining a fair settlement.
Establishing Liability in a Slip & Fall Accident
The plaintiff bears the burden of proof in slip-and-fall lawsuits, meaning that you are responsible for proving the defendant’s negligence caused your injuries. If you were injured in a slip-and-fall accident, securing experienced representation is imperative to recover compensation for medical bills, lost wages, medication costs, pain and suffering, and other damages.
A skilled slip-and-fall accident lawyer can help you establish the following elements to prove causation in your case:
- The property owner owed you a duty of care.
- The property owner breached their duty by failing to maintain safe premises.
- The breach of duty caused your injuries.
- You suffered compensatory harm ("damages") as a result of the breach.
Can I Still Recover Damages if I’m Partially At Fault?
It depends. Texas follows the comparative negligence rule, which allows for the distribution of fault between parties involved in an accident. In other words, if the injured person is found to be partially responsible for their injuries, the amount of recoverable compensation will be reduced by the percentage of the fault.
For example, if the court determines that an injured person is 20% at fault in a slip-and-fall accident with damages totaling $10,000, the compensation will be reduced by 20%, resulting in a $2,000 reduction, meaning the plaintiff is eligible to recover a maximum of $8,000.
Under the comparative negligence rule, if the victim is more than 50% at fault in an accident, they won't be eligible to recover compensation at all.
How Long Do I Have to File a Slip & Fall Claim?
If you were injured in a slip-and-fall accident, time is of the essence.
Under Texas Civil Practice & Remedies Code § 16.003, the statute of limitations for slip-and-fall claims is two years from the date of the injury.
Pursuing Justice for the Wrongfully Injured in Harlingen
At Ried Pecina Trial Lawyers, we understand the physical, emotional, and financial hardships that come with sustaining a wrongful injury. Our highly skilled litigators are well-versed in premises liability and personal injury laws to help you pursue maximum compensation.
With our proven track records of results and a reputation for providing compassionate counsel in life’s toughest seasons, our firm can advocate tirelessly for the justice you deserve while protecting your rights from start to finish. Our Harlingen attorneys prepare every case for trial if that’s what it takes to recover a fair settlement, giving you peace of mind that your best interests are prioritized.
Wrongfully injured? Our firm can aggressively pursue the compensation you deserve. Call (956) 225-2509 to schedule a free consultation.