Though it’s uncommon for victims of slip and falls to contribute to these accidents, if they do, they might still be able to pursue compensatory damages in Texas.
Texas lets victims who share fault for slips and falls sue, but not if their percentage of blame is more than 50%. If it is, they will be barred from recovery against negligent property owners. Even if victims do not share fault, property owners might intentionally use Texas’ comparative fault rules to intimidate victims into not moving forward with litigation. In anticipation of a comparative fault defense, our lawyers can speak to eyewitnesses, review incident reports, collect photographic evidence, and assess a victim’s medical records to determine whether the defendant is wholly or partially liable. We can then use this evidence to leverage against the defendant during the course of settlement negotiations or to prove their full liability during a trial.
Call The Queenan Law Firm, P.C. to get a free and confidential case review from our Dallas slip and fall lawyers at (817) 476-1797.
Does Texas Let Victims Who Share Fault for Slip and Falls Sue?
Texas follows a modified comparative fault rule for slip and fall and all other injury lawsuits. This rule dictates when victims can sue negligent parties if they share fault for their injuries. Familiarizing yourself with Texas’ modified comparative fault rules and how they might impact victims’ jury awards is important, especially if you need to recover significant damages in your claim.
Victims Who Are Equal to or Less than 50% at Fault
Any victims who share fault for an accident but are no more than 50% to blame can file lawsuits in Texas, but there’s a catch. According to Tex. Civ. Prac. & Rem. Code § 33.012(a), plaintiffs found comparatively negligent will recover fewer damages. After the jury adds up all of the plaintiff’s losses from the accident, it will remove the percentage of damages the defendant is not liable for based on how fault is attributed to each party.
For example, if a slip and fall accident lawsuit goes to court and the jury attributes 90% of the blame to the defendant and 10% of the blame to the plaintiff, the plaintiff would only recover 90% of the jury’s total awarded damages. Not recovering just 10% of an award could be a considerable blow, depending on the sum of a victim’s damages.
Though victims who share some fault can file slip and fall accident lawsuits in Texas, they must do so no later than two years from the accident’s date under § 16.003, barring any applicable tolling exceptions.
Victims Who Are More than 50% at Fault
According to § 33.001, victims are barred from recovering any damages whatsoever if they are more than 50% at fault for an accident in Texas. If a negligent party is aware of this rule, they might try to use it to intimidate a victim or deter them from seeking compensation. Furthermore, it is important to note that victims are rarely more than 50% at fault for slip and fall accidents, which are often due to negligent property maintenance.
In light of that, do not assume that you are barred from recovery based on your actions during an incident, as, upon further investigation, our Fort Worth slip and fall lawyers might discover that the defendant was more or equally to blame, enabling you to file a lawsuit. Not exploring this option could make you miss the filing deadline for your case, which would also bar you from recovering compensation of any kind from a negligent property owner in Texas.
What if You Don’t Share Fault for a Slip and Fall, but the Defendant Says You Do?
Although comparative fault defenses are typically unsuccessful in many slip and fall accident lawsuits in Texas, defendants might try to utilize them to lower their total liability. Exposing the weakness of these defenses early during settlement negotiations can help you conclude your case efficiently and fairly.
Slip and fall accidents typically happen because property owners fail to address hazards. For example, suppose you tripped down the stairs at a restaurant while walking to the bathrooms on another floor, and you fell because of a combination of poor lighting and a loose railing.
Then say that, after you file your claim, the restaurant owner says that a sign indicating the dim lighting and warning patrons to be careful was posted and that you should have seen it before walking down the stairs, making you comparatively negligent.
In that scenario, there are several things we could do to address the issue of comparative fault. For example, we could interview eyewitnesses and other patrons of the restaurant on that day to see if they also noticed a warning sign. Even if there was a sign, if it was difficult to read or see, that might undermine the other party’s defense. Our lawyers could also point out how your accident was due to a combination of factors, such as the dim lighting and the loose handrail, and the sign, even if visible, only warned patrons of one of the dangers, not both.
How we approach comparative fault defenses will vary from case to case, but anticipating this argument from a defendant and preparing to undermine it may be necessary for you to get compensation for all damages from an accident in Texas. By doing this, we can have a strong case in time for settlement negotiations. If the defendant bases initial settlement offers on your supposed shared blame, we can leverage evidence showing the defendant’s sole liability for your injuries, convincing them to settle quickly and fairly.
Call Our Texas Attorneys for Help with Your Injury Case
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a case assessment from our Irving, TX slip and fall lawyers.