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In Texas, if someone slips and falls and gets injured, they can be held accountable if they acted with malicious intent, were grossly negligent or acted in bad faith, as per the law. The law also mandates that those who invite others onto their premises should inform them of any potential dangers or hazards beforehand to prevent any accidents. For instance, if the owner, lessee, or manager was aware of a problem on their property and didn’t take any action to address it, they may be held responsible for any harm caused to the person who fell.
If you get hurt on someone else’s property due to their negligence or unsafe conditions, the property owner can be held responsible for compensating you for damages under premises liability law. Pursuing these cases in Texas can be challenging as they involve multiple factors that must be proven by the plaintiff to win the case. To help understand the legal requirements for a successful case, we’ve provided a breakdown of Texas premises liability law. An experienced Texas premises liability lawyer can assist in assessing the strength of your case and advise you on the best course of action.
Premises liability cases involve various forms of liabilities, and it’s crucial to determine the specific type of case you have as each requires different elements to be proven.
A typical premises negligence case involves a claim that an injury to the plaintiff resulted from a hazardous condition or situation on the property. For instance, falling over an unsecured extension cord stretched across a room could be the basis for a standard premises negligence case. To prove liability in such cases, the plaintiff must demonstrate that there was a dangerous condition on the property that caused the injury, and that the owner or operator of the premises was aware of, or should have known about, the condition. Additionally, the plaintiff must show that the owner or operator of the premises failed to address the condition before the injury occurred.
A negligent activity case pertains to a claim that an employee of the defendant caused harm to the plaintiff while working on the premises. For instance, if an employee injures someone with a forklift, it could be the basis for a negligent activity case. To prove liability in such cases, the plaintiff must demonstrate that the employee did not act with reasonable care, as a sensible person would have acted in similar circumstances, and that this behavior resulted in injury to the plaintiff.
A negligent undertaking case relates to a claim where a property owner takes on an obligation or responsibility that they would not have otherwise had. In premises liability law, this is often seen in a landlord/tenant relationship. For example, if a tenant reports a maintenance issue to the landlord, and the landlord fails to address it, leading to an injury, it could be the basis for a negligent undertaking case.
To prove liability in a negligent undertaking case, the plaintiff must demonstrate that the property owner assumed a duty to the plaintiff, that the plaintiff relied on the property owner to fulfill that duty, and that the plaintiff was harmed because of the property owner’s failure to fulfill that duty.
Proving negligence in slip and fall accidents can be challenging. Generally, three factors need to be in favor of the plaintiff to establish a strong slip and fall case: Firstly, the hazardous condition that led to the accident should not have been “open and obvious,” i.e., it was not something a reasonable person could have noticed. Secondly, the property owner should have been aware of the dangerous condition on their property. And thirdly, the property owner should not have taken adequate measures to fix, replace, or limit access to the area to prevent harm to visitors or guests on the property.
Slip and fall accidents fall under the umbrella of premises liability cases. To establish negligence on the part of the property owner, an attorney specializing in slip and fall cases will need to demonstrate four elements:
A slip and fall settlements lawyer can assist in proving all the necessary elements of a premises liability case by working with you. This includes identifying the property owner at the time of the accident, which may require legal action. The duty of care owed to you will be established based on your status as a visitor to the property, such as an invitee or trespasser. Investigation into the circumstances surrounding the dangerous condition will be conducted to demonstrate the property owner’s knowledge of the hazard. Your financial damages, including medical bills, will prove the financial consequences of your injury.
Contact our slip and fall attorneys for a free consultation to discuss your settlement options. We operate on a contingency fee basis, which means we do not charge a fee unless we secure a recovery on your behalf.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 508-3212
If you or someone close to you was injured in a slip and fall accident due to someone else’s negligence, you have the right to seek compensation for the damages and suffering you experienced. In Texas, many slip and fall victims are left to pay their medical expenses out of pocket or accept inadequate settlement offers from insurance companies. It is not uncommon for the responsible party or their insurance company to try to pressure you into accepting a low settlement offer. Fortunately, in Texas, you have up to two years to pursue legal action. According to Nolo.com, the statute of limitations for slip and fall injury claims is the same as for all personal injury cases in Texas, which is two years from the date of the incident.
Determining an average amount for a slip and fall settlement is a challenging task. Recent top settlements for slip and fall cases in Texas have ranged from $751,000 to $4,235,693. The amount of the settlement depends on various factors, including the specific circumstances of the case. Nevertheless, slip and fall cases often result in substantial settlements for the injured party. Severe injury is the most common reason for bringing a lawsuit in a slip and fall case.
Suffering a slip and fall accident can be a distressing and painful experience, and it can result in various consequences for you and your loved ones. If your slip and fall accident was caused by someone else’s negligence, you may have the right to sue for compensation to alleviate some of your sufferings.
Slip-and-fall cases are categorized under premises liability, which is a significant aspect of personal injury law. Such cases are intricate, as it can be tough to prove a property owner’s negligence. In Texas, there is a fixed duration of two years for the victim to file a claim, known as the statute of limitations.
To prove a property owner’s carelessness in such cases, incident reports, property photos, and investigations carried out by expert witnesses are crucial pieces of evidence. These are effective methods to demonstrate that a property owner failed to address safety concerns on their property, which ultimately led to severe personal injury damages.
If you want us to assist you in obtaining the evidence you need to receive a settlement, please contact us at (888) 508-3212.
We fight to help accident victims who has slipped and fallen in an accident to get back on their feet.
If you’d like to talk with us and ask questions specific to your case, call us at (888) 508-3212 for a free case evaluation.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 508-3212
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