Do I Have a Valid Slip and Fall Claim in Texas?
4 October 2017No Comments
Property owners in Texas have a duty of care to those entering upon their property to keep the property safe for visitors. Owners may be held liable for injuries sustained because of dangers or hazards the owner knew or should have known existed on the property. Depending on the victim, the owner may have the duty of care to warn the person of any known dangers that cannot be corrected.
Victims who sustain injuries from a fall on another person’s property may be entitled to recover compensation for their medical bills, lost income, emotional stress, and physical suffering. If you are injured in a fall, do not delay seeking medical attention. Seeing a doctor as soon as possible helps to protect your health and your ability to file a premises liability claim against the owner.
Do not assume your injuries are too “minor” to file a claim or that your claim is “airtight” because the facts appear to you to be straightforward. Your case could be far more complex when you view it considering the elements of premises liability law in Texas and the state’s definition of the status of a victim. Call our slip and fall lawyer 24/7 to discuss your claim.
Proving the Elements of a Slip and Fall Accident
Before you can recover money for your claim, you must prove the legal requirements of liability for a slip and fall accident. In a premises liability case, you are required to prove:
- The accident occurred on the property in question;
- The property owner had a duty to protect you from harm while on the property;
- The owner failed in the duty of care (e. failed to maintain the property, allowed a hazardous condition to exist; etc.);
- The property owner knew or should have known about the danger or hazard that caused your injury; and,
- You suffered injuries and damages because of your fall.
However, your “status” can change the owner’s responsibility in a slip and fall case.
A Property Owner’s Duty of Care
The duty of care a property owner owes to a person depends on the person’s “status” as an invitee, licensee, or trespasser. This element is a very important part of a Texas slip and fall claim because it can impact your ability to recover money for your injuries.
An owner owes the highest duty of care to an invitee. An invitee is any person that enters the property with the knowledge and consent of the owner for the mutual benefit of both parties. Customers in a retail setting are considered invitees and they are included in the highest duty of care.
On the other hand, a licensee is a person that enters the property with the owner’s permission for the licensee’s benefit or convenience or to conduct the business of another person other than the property owner. A licensee includes a social guest. A person who enters the property without the knowledge or consent of the owner is a trespasser. Owners have the lowest duty of care to trespassers; however, in the case of a child, that duty could change.
Regardless of your status, the property owner owes some level of care to protect you from being injured while on the property. Our slip and fall lawyers thoroughly investigate your claim and aggressively pursue your right to recover full compensation for your damages.
Common Causes of Slip and Fall Accidents
A fall can occur for a variety of reasons. Some of the most common reasons for slip and fall accidents include:
- Slipping on a slick floor because of a spill, leak, wax, or poor maintenance
- A malfunctioning elevator or escalator
- Debris or clutter in walkways
- Uneven floor surfaces, torn carpeting, potholes, cracks, loose floorboards, loose mats/carpets, and other flooring hazards
- Inadequate lighting
- Dangerous stairs, broken steps, missing handrails, broken guardrails, and poorly maintained entryways
If you are injured in a fall on another person’s property, regardless of the cause, it is in your best interest to consult an experienced Texas slip and fall lawyer to learn about your options and your legal rights.
Call a Texas Slip and Fall Lawyer Attorney
Call Bandas Law Firm, P.C. at (361) 541-6413 for a free consultation at your convenience 24/7. You may also contact our office by using the contact form on our website. Our office is in Corpus Christi, but we help individuals throughout the United States.