Slip & Fall Lawyers of Texas
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Who Is Liable For A Texas Slip And Fall Accident?
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Proving Negligence In A Slip And Fall Accident
According to Texas premises liability law, if an individual suffers injuries due to hazardous conditions on someone else’s property, the property owner or responsible party may be held accountable. Negligence can be demonstrated by situations such as failure to fix broken railings, decks, uneven or damaged sidewalks, insufficient lighting, and other unsafe conditions. Security camera footage can be used as evidence to support a claim that a dangerous situation existed on the property. If the owner knew about the danger and failed to rectify the issue or provide a warning, they may be held responsible for injuries sustained by visitors who had legal access to the property.
Understanding Business/Property Owner Obligations In Texas
To establish liability in a slip and fall accident claim based on premises liability, there are three elements that a plaintiff needs to demonstrate:
Duty Of Care
To establish liability for a slip and fall accident, it is important to show that the defendant had a duty of care towards the plaintiff. Usually, businesses and property owners owe a duty of care to their customers and other invitees, but not to trespassers.
Breach Of Duty Of Care
The next step in proving liability in a slip and fall case is to demonstrate that the defendant failed to fulfill their duty of care. This often entails showing that the slip and fall accident occurred due to hazardous conditions on the property that were unreasonably dangerous and could have been prevented.
Damages
The third requirement in a slip and fall claim is to demonstrate actual damages related to the breach of duty of care. It’s important to note that if you slip on a safety hazard at a business in Houston, but are fortunate enough not to sustain any injuries, you do not have a viable slip and fall claim.
Who Is Responsible For The Condition And The Fall?
After establishing the necessary conditions, the subsequent step is identifying the responsible party for the slip and fall accident. Possible liable parties include:
Owner Or Employee Of The Owner
If the owner or responsible employees neglected to fix a property defect that required attention, they can be held liable for any resulting slip and fall accidents.
Maintenance Company
If a property owner contracts a maintenance company to handle regular property inspections and maintenance, the maintenance company could be held responsible in some instances.
The Property Lessee
If a property is rented under a lease agreement that makes the lessee responsible for operating costs, such as maintenance, the lessee may be held liable instead of the owner. Triple net lease agreements specifically include maintenance as an operating cost, so if the property was rented under this type of lease, the owner may not be liable for a slip and fall accident that occurred due to a maintenance issue.
Determining liability in a slip and fall case involves investigating the cause of the accident and identifying the party or parties who may be held responsible. It can be a complex process, which is why seeking legal assistance is recommended. If you have been injured in a slip-and-fall accident on someone else’s property, it is important to contact a personal injury lawyer who can provide a free case evaluation to help you understand your legal options and rights.
The Time to Act is Now
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
Keys To Slip and Fall Liability
To ensure the safety of guests, customers, and visitors, property owners are legally obligated under “premises liability.” However, determining whether someone else is responsible for a slip and fall accident can be difficult, and typically depends on whether the property owner acted carefully to prevent such accidents, and whether the victim was careless in avoiding the hazard. To hold a defendant accountable for a slip and fall injury, one of the following must usually be true: they caused the hazard, knew of the hazard and did not take reasonable steps to fix it, or should have known of the hazard because it was something a “reasonable” person would have noticed and addressed. The third situation is the most common but also the most challenging to prove. Judges and juries determine the defendant’s level of care by evaluating whether their actions to maintain the property’s safety were reasonable.
When Is A Property Owner Liable For A Slip Or Fall?
Premises liability laws govern slip and fall accidents, which means landowners have a legal responsibility towards those who visit their property. Landowners could be anyone who owns a property, such as owners of shopping malls, grocery stores, or even municipal governments responsible for city sidewalks in Tennessee. To establish legal liability for injuries, plaintiffs in Tennessee must prove three things:
The Defendant Was Negligent
The individual or entity that can be held responsible for injury costs is the one who had a duty to prevent harm but did not fulfill that responsibility. This can include the property owner, business operator, commercial office space tenant, a third party, or a combination of these parties. Anyone who had a legal obligation to maintain a safe environment could be included in the lawsuit. Negligent actions may include creating a hazardous situation, allowing a dangerous condition to persist, or neglecting to notify the public of the potential danger.
The defendant Was Aware Of The Danger
It is important for plaintiffs to demonstrate that the property owner had knowledge or should have had knowledge of the hazardous situation that resulted in the injury. This could be because the owner knowingly created a dangerous situation, or because they intentionally ignored the condition even though they should have been aware of it.
The Defendant’s Negligence Directly Caused The Injury
Establishing a direct correlation between the hazardous condition on the premises and the plaintiff’s injury is often the most challenging aspect of a premises liability case. Just because a court acknowledges that a hazardous condition was present, it doesn’t necessarily imply that the condition was responsible for the injury. Connecting the dots between the dangerous condition and the injury typically requires the expertise of a competent lawyer.
Slip And Fall Accidents: When It Is Time to Call A Lawyer
If you have been injured in a slip and fall accident, it can be very traumatic and lead to severe injuries. In such cases, it is highly recommended to seek legal advice from a personal injury attorney. An attorney can help you identify who is responsible for your injuries and help you file a lawsuit to seek compensation for the damages you have incurred.
If you want us to assist you in obtaining the evidence you need to receive a settlement, please contact us at (888) 508-3212.
Slip Fall Texas
We help you fight for Justice
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.
Have you slipped and fallen in an accident?
We will fight so you can settle for more!
The Time to Act is Now
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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