People are sometimes quick to dismiss slip and fall accidents, but they can be very dangerous and inflict painful injuries. Proving liability can be difficult sometimes, as defendants are often not physically present for the accident. However, liability is often linked to property ownership. Whoever owned the property where you fell might be liable for your injuries.
The owner of a particular property owes a duty of care to guests to safely maintain the premises and remove or repair any known hazardous conditions. They should also make reasonable inspections for hazards they do not yet know about. While this is an important duty, it is only owed to those lawfully present on the property. Property owners owe unknown trespassers no duty of care. To prove liability, we need evidence of the dangerous conditions and how the property owner failed to do anything about them. Your own behavior might also affect liability. The defendant might claim that you ignored warnings or behaved in a clumsy or reckless manner.
Our Dallas slip and fall lawyers can offer a free, confidential evaluation of your case when you call The Queenan Law Firm, P.C. at (817) 476-1797.
Determining Who is Liable for a Slip and Fall Accident in Texas
Slip and fall lawsuits have an unfair reputation for being frivolous, but the reality is much darker. People in slip and fall accidents have been known to hit their heads, injure their necks or backs, fracture bones, and endure other painful injuries. Your injuries and related costs might be substantial, and determining who is liable is easier said than done.
Property Ownership
Generally, when someone is injured in a slip and fall accident, the person who owns the property where the accident occurred may be held liable. Even if the owner was not present for the accident, they can still be held liable. This is because property owners owe a duty of care to guests to keep the premises safe. If the property is unsafe and a guest is injured, the owner is on the hook for damages.
In many cases, the defendant is a private individual. For example, if you slipped and fell in a neighbor’s home, the neighbor might be liable, depending on the home’s condition. In other cases, the property owner is not exactly a person but is instead a business. If you fall in a supermarket or a restaurant, you can sue the business for your damages.
Known and Unknown Hazards
Once we determine who owns the property, our Fort Worth, TX slip and fall accident lawyers’ next step is determining the extent of the hazardous conditions. First, property owners have a duty to remove or repair any hazards on the property they know about. If the front steps are too unstable to use or there is a spill on aisle 7, the property owner needs to do something about it. Even if the hazard cannot be immediately repaired, the owner should at least place warning signs for customers.
In many cases, defendants argue that they should not be held liable because they had no idea about the dangerous conditions on their property. This is not a great defense, as defendants may be liable for unknown hazards. In addition to removing or repairing hazards, there is also a duty to make reasonable inspections for unknown hazards.
What exactly is a reasonable inspection? Property owners do not necessarily have to conduct an exhaustive search for potentially dangerous conditions. The inspection should be reasonable enough to detect realistic hazards. For example, grocery store owners should make sure that someone regularly checks for spills so customers do not trip.
Guests vs. Trespassers
After determining who owns the premises and the extent of the hazardous conditions that caused your accident, we must examine your presence on the property. Only plaintiffs lawfully present on the premises have standing to sue for a slip and fall. If you were not permitted to be on the property, the owner might not be liable if you fall and become injured.
Generally, lawfully present guests are invited onto the property by the owner, or they are reasonably expected to be there. For example, if a neighbor invites you to their home, you are a social guest and lawfully present. Additionally, a homeowner should reasonably expect someone like a mail carrier who might walk up the front steps to deliver mail. Even though this person is not explicitly invited, they are lawfully present on the property.
Trespassers are generally owed no duty of care by property owners. If a trespasser is injured because of a hazard on someone’s property, they likely cannot sue for damages because they were not lawfully present.
How Your Own Behavior Affects Liability for a Slip and Fall Case in Texas
A common tactic among defendants is to shift blame to the plaintiff. They might argue that you slipped and fell due to your own clumsiness, not because of any hazardous conditions on their property. While this can be frustrating, these claims can be refuted.
If the defendant accuses you of somehow causing your own injuries, rules of proportionate responsibility kick in. According to Tex. Civ. Prac. & Rem. Code § 33.001, a plaintiff may not recover damages if their responsibility for an accident is more than 50%.
The defendant might argue you slipped because of your own clumsiness, not because of unsafe conditions on the premises. They might also argue that you were on a closed-off portion of the premises, wearing inappropriate footwear, or there were clear signs warning you of the dangerous conditions, yet you proceeded anyway.
How the judge or jury determines proportionate responsibility is outlined under § 33.003(a). Whether or not a plaintiff shares proportionate responsibility for their injuries must be determined by the trier of fact (i.e., the judge or jury). When deciding proportionate responsibility, the trier of fact may consider acts, omissions, and various applicable legal standards.
Under § 33.003(b), the jury may not consider proportionate responsibility without sufficient evidence backing up such a claim. Essentially, the defendant cannot have the jury or judge make determinations of proportionate responsibility without some evidence showing that such a determination is necessary.
Contact Our Texas Slip and Fall Attorneys for a Review of Your Claims
Our Irving, TX slip and fall attorneys can offer a free, confidential assessment of your case when you call The Queenan Law Firm, P.C. at (817) 476-1797.