The Different Stages of a Texas Slip and Fall Case
In Texas, property owners may be held liable if a visitor, employee, tenant, or customer is injured on their property, but only if the injury was a result of negligence. The legal phrase for this type of claim is a premises liability lawsuit.
What Types of Accidents Can Result in a Premises Liability Claim?
The concept of premises liability applies to a variety of common accidents and mishaps, including:
- Dog Bites
- Exposure to Hazardous Chemicals or Products
- Slip and Fall Accidents
The three common accidents above are among the most common types of accidents that can lead to premises liability claims. However, slip and falls are the most common by far and can be caused by many different hazards such as wet floors, unmarked hazards, potholes, debris in walkways, snags in carpeted flooring, and more. These types of accidents can result in severe injuries from broken bones to head injuries, spinal cord damage, and neck/back injuries.
When Can the Property Owner be Held Liable for a Slip and Fall Accident?
Texas law can hold the property owner responsible for injuries caused by a slip and fall under certain conditions:
- The injured party’s presence on the property was legal.
- The defendant in the lawsuit was the owner or possessor of the property.
- Property condition posed an unreasonable risk of harm.
- The owner of the property was aware of the hazard or had reason to be mindful of the danger.
- The property owner did not fix the danger or provide appropriate signage or other warnings that the hazard existed.
- Due to the property owner’s failure to fix the hazard or make others aware of it, the plaintiff was injured.
- The plaintiff suffered real damages in the form of lost wages, medical bills, etc.
Is the Plaintiff’s Level of Contributory Negligence Considered In a Premises Liability Claim?
Plaintiff’s should consider the fact that their own level of contributory negligence is recognized by the court when determining liability for the accident. The plaintiffs in a premises liability case must prove that the property owner (Defendant) is at least 50% at fault for the resulting injuries to recover compensation.
If you were involved in a slip and fall accident and need help proving liability for your premises liability claim, please get in touch with the Carrollton personal injury law offices of Hudson Law. We put Personal back into Personal Injury Law.