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Most of us will probably take a nasty fall at some point in our lives. While some will be able to get back up and brush themselves off, others will not. Slip and fall injuries can be more dangerous than many realize, and injuries and damages may be quite substantial. While some might say these kinds of cases are frivolous, injured victims struggling to pay their medical bills will likely tell a different story.
The owner of the property where you fell might be liable if they allowed the premises to fall into disrepair or become dangerous for guests. While property owners bear a lot of responsibility, their liability might be limited under specific circumstances. For example, owners of land used for “agritourism” might not be liable for injuries caused by hazardous conditions if guests on the property are adequately warned. Talk to your attorney and where, when, and how you fell. They can help you determine the value of your damages.
Get a private review of your case for no charge by calling our Fort Worth, TX slip and fall lawyers at The Queenan Law Firm, P.C. at (817) 476-1797.
Liability for Slip and Fall Accidents in Burleson, TX
What is interesting about slip and fall accidents is that they are not exactly caused by other people. Instead, they are the direct result of hazardous conditions on someone’s property. Even though the property owner might not even be present when you fell and became injured, our slip and fall attorneys may still be able to hold them responsible. This is because property owners have a legal duty to make sure the premises are safe for others.
Property owners owe a duty of care to guests. They must remove or repair any known hazards from their property and make reasonable inspections for potentially unknown hazards before allowing others to enter the property. For example, if a store owner knows that a leaky pipe is creating a puddle in the store, they have a legal obligation to clean up the water and repair the leak so that customers do not slip and fall.
The same goes for owners of private property. While they might not be expecting customers, they might invite social guests onto the property. Additionally, they owe a duty to people who might not be directly invited but can be reasonably expected, like a mail carrier or food delivery person who walks up the front steps and knocks on the door.
The thing about claims like these is that plaintiffs must have been lawfully present on the premises to have a valid claim. Someone who is lawfully present is someone with explicit or implied authorization to enter the property. There is no duty of care owed to trespassers, under Tex. Civ. Prac. & Rem. Code § 75.002(a). If someone enters the property of another without permission and gets hurt, they likely cannot sue for damages.
Limitations on Liability for Slip and Fall Accidents in Burleson, TX
While property owners are often liable for injuries caused by dangerous conditions on their property, their liability might be limited under certain conditions. Some people own very expansive property intended for less-than-safe activities. In other cases, it might be difficult for landowners to inspect every inch of their land, and guests might have to assume some risk.
Agritourism
“Agritourism” is a term for using land for outdoor activities. Fishing, hiking, and camping are a few common examples. Often, these activities take place on private land that the owners have opened to guests, perhaps for a fee. According to Tex. Civ. Prac. & Rem. Code § 75A.002(a), an agritourism entity is not liable to guests for injuries or damages arising from the use of agritourism property. For example, if you hike on some nature trails in the woods and get injured while hiking on a nature trail, the property owners are likely not liable for your injuries. However, agritourism entities must have specific warning signs informing guests about their limited liability.
Vehicle Parks and Campgrounds
The liability of owners of vehicle parks and campgrounds may also be limited under certain conditions. Owners of such properties are not liable for injuries that come from the use of the vehicle park area or campgrounds as long as the owners post warning signs in accordance with § 75B.002(a). However, liability is not limited in cases where injuries arise from the owner’s disregard for safety, known hazards on the property, or failure to train employees.
Possible Damages in Burleson, TX Slip and Fall Accidents
Economic damages in slip and fall accidents may be worth far more than many people realize. People often incur severe injuries when they fall down, especially if they injure their head, back, or neck. Brain injuries may also be possible and expensive to treat. Medical bills for these injuries might be off the charts. You should also account for the income you lose if your injuries interfere with your ability to work.
Non-economic damages are more subjective but may still be worth considerable compensation. Your distress, pain, embarrassment, and other painful or unpleasant experiences may be claimed as part of your non-economic damages. Talk to your attorney about how the accident has affected your life, even if money is not involved.
In Texas, there may be limitations on monetary damages for private owners of agricultural land used for recreational purposes. According to Tex. Civ. Prac. & Rem. Code § 75.004(a), landowners may be liable for a maximum of $500,000 for each injured person and $ 1 million for each occurrence of injury or death.
Contact Our Burleson, TX Slip and Fall Accident Attorneys Today
Get a private review of your case for no charge by calling our slip and fall lawyers at The Queenan Law Firm, P.C. at (817) 476-1797.