In Texas, a slip and fall claim must prove that the property owner knew or should have known about the potential hazard and did not repair it or warn others about it. Victims of a fall injury must prove negligence to collect compensation for a fall injury under Texas law.
A routine trip to the grocery store or a meal at a restaurant should not result in an ambulance ride. However, each year, Texans are seriously injured due to slippery floors, broken stairs, inadequate lighting, and other hazardous conditions. If you have been injured on another person’s property, you may be wondering if the property owner is to blame. A slip and fall attorney Texas families trust can help you determine what rights you have and if you have a valid premises liability claim. A premises liability claim is not automatic. Victims must prove certain facts to obtain compensation. This article explains the process of premises liability in Texas and what you must do to build a successful claim.
What Is a Premises Liability Claim?
Premises liability is a property owner’s legal duty to ensure a safe environment. When a property owner neglects to repair a potential hazard or warn others, they can be held liable for the injury.
A premises liability attorney Dallas families trust can assist with the following:
- Slippery floors without warning signs
- Uneven sidewalks or flooring
- Broken handrails or stairs
- Poor lighting in parking lots
- Spilled substances in stores
- Cluttered walkways
Whether you require a grocery store slip and fall lawyer or a restaurant slip and fall attorney, the underlying legal concept is the same. The property owner has a duty to exercise reasonable care to avoid foreseeable harm.
Common Locations for Slip and Fall Accidents
Slip and fall accidents can occur almost anywhere. However, some locations are more common than others.
Commercial Properties
- Grocery stores
- Retail stores
- Restaurants
- Shopping malls
- Hotels
In a commercial property injury lawsuit, a grocery store slip and fall lawyer may review store policies, cleaning schedules, and video footage.
Residential and Private Property
- Apartment buildings
- Rental homes
- Private homes
In an unsafe property injury lawsuit, an unsafe property injury lawyer may review lease agreements and maintenance records to determine liability.
What Injured Victims Must Prove in a Slip and Fall Lawsuit in Texas
Not all falls are successful lawsuits. Texas law requires that a plaintiff prove negligence.
To prevail, a slip and fall injury lawyer must prove the following:
- A dangerous property condition existed on the premises.
- The property owner knew or should have known of the condition.
- The property owner failed to repair the condition or warn visitors.
- The dangerous property condition directly caused the plaintiff’s injuries.
This is why it is so important to contact a property negligence lawyer as soon as possible. Evidence can disappear quickly.
Understanding Texas’s Comparative Fault System
Texas follows a modified comparative fault system in premises liability cases.
Here is how it works:
- If you are 50 percent or less responsible for the accident, you can recover compensation.
- Your award will be reduced by your percentage of fault.
- If you are more than 50 percent responsible for the accident, you cannot recover compensation.
For instance, if you were checking your phone and partially distracted, the defense may claim that you share the blame. A premises liability attorney Texas victims trust will do their best to limit the amount of unfair blame.
Key Factors That Determine Fault in Slip and Fall Cases
Fault concepts, which are often discussed in the context of car accidents, are also applicable in fall cases.
Important factors include:
- The presence of warning signs
- The duration of the hazard
- Regular inspections
- Violations of building codes
- The visibility of the hazard
In a wet floor injury lawyer case, the timing of the spill and the store’s reaction are often decisive in determining liability.
Common Types of Evidence Used to Prove Fault
In any slip and fall lawsuit Texas courts hear, the presence of strong evidence is crucial.
Critical Evidence May Include:
- Video footage of the accident
- Incident reports
- Maintenance records
- Cleaning schedules
- Photos of the hazard
- Witness accounts
- Medical records
In a fall accident case, video evidence will be preserved as soon as possible to avoid deletion.
The Role of Incident and Police Reports in Premises Cases
In most cases, the police are not called. However, incident reports prepared by the store manager can be valuable evidence.
These reports often document:
- Time and location of the fall
- Accounts of the injured party
- Names and contact information of witnesses
- Description of the hazard
If the police are called, their report will also help your case.
How Witness Statements and Testimonies Can Impact Fault
Witnesses can confirm whether the spill was there for a long time or if the store staff was ignoring complaints.
Witness testimony can establish:
- Lack of warning signs
- Pre-existing complaints about the same danger
- Employee knowledge of the condition
A slip and fall attorney near you will obtain witness contact information right away.
What Role Do Safety Codes and Expert Analysis Play?
Safety codes and building regulations set minimum requirements for property safety. Code violations can be used as evidence.
Experts may evaluate:
- Flooring types
- Stairway design
- Handrail integrity
- Lighting intensity
Their opinion can show that the property owner did not comply with reasonable safety standards.
Common Legal Terms in Premises Liability Cases
Learning basic terms will help you understand your case.
- Negligence: Unreasonable conduct.
- Duty of care: The legal duty to provide a safe environment.
- Breach: Failure to fulfill the duty of care.
- Damages: Compensation for physical harm.
- Comparative fault: A system of shared liability.
A premises liability attorney can discuss how these terms apply to your case.
Mistakes to Avoid After a Slip and Fall Accident
Protecting your claim begins right after the fall.
Avoid these mistakes:
- Failing to report the incident
- Failing to photograph the danger
- Failing to seek immediate medical attention
- Giving recorded statements without consulting an attorney
- Settling too quickly for compensation
A slip and fall lawyer near you can help you avoid costly mistakes.
What Compensation Is Available for Fall Injuries?
Compensation for fall injuries under Texas law may include:
Economic Damages
- Medical bills
- Physical therapy bills
- Lost income
- Future medical treatment
on-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of quality of life
A slip and fall injury attorney can assess both past and future losses.
Pros and Cons of Filing a Premises Liability Claim
Pros
- Compensation for medical expenses
- Holding property owners responsible for dangerous property conditions
- Possibility of upgrading safety standards
Cons
- Long process of investigation
- Contested liability
A store injury lawyer can assist you in making a decision.
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Texas?
Generally, you have two years from the time of the incident to file a lawsuit. It is essential to consult a slip and fall lawyer Texas residents trust as soon as possible.
What if the store claims the accident was my fault?
Property owners usually claim comparative responsibility. A grocery store slip and fall lawyer can dispute these allegations and provide evidence of property negligence.
Do I need a premises liability attorney in Dallas for a minor injury?
Even a minor injury can lead to long-term medical problems. Consulting a premises liability lawyer that Texas clients trust can help you understand your rights before accepting any settlement.
Schedule Your Slip and Fall Consultation Today
If you have been injured by dangerous property conditions, do not go up against the insurance company alone. Schedule a slip and fall consultation with our experienced slip and fall lawyer that Texas victims trust. Our premises liability law firm is dedicated to helping injured clients throughout Texas seek fair fall injury compensation, as Texas law provides. Contact The Cain Firm today to discuss your case and protect your rights.
Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Reading this site does not create an attorney–client relationship. Past results do not guarantee future outcomes. Each case is unique and will be evaluated on its own facts and merits. “Unless otherwise indicated, attorneys are not certified by the Texas Board of Legal Specialization.”