Many people are seriously hurt in slip and fall accidents each year. The National Floor Safety Institute (NSFI), slip and falls are responsible for nearly 3% of all injury related emergency room visits in the United states. When a slip and fall occurs due to another person’s negligence, they can be held liable for the accident. However, liability is not automatic.
This raises an important question: What do you need to prove in a slip and fall accident claim in Texas? The short answer is that an injured victim must prove that a business or property owner breached its duty of care. Here, our Houston slip and fall accident lawyer highlights the key things to understand about the standard of liability in a slip and fall accident in Texas.
Understanding Business/Property Owner Obligations in Texas
A slip and fall accident claim is a type of premises liability claim. To hold a defendant liable for a slip and fall accident, a plaintiff must prove that following three things:
- Duty of Care: A defendant can generally only be held liable for a slip and fall if they owed you a duty of care in the first place. Customers and other invitees are owed a duty of care by businesses and property owners. Trespassers are generally owed no such duty.
- Breach of Duty of Care: Next, you must prove that the defendant breached its duty of care. In a slip and fall accident injury claim, this typically requires proving that your fall accident happened because of negligent (unreasonably hazardous) conditions on the property.
- Damages: Finally, you must prove actual damages connected to the breach of duty of care. If you slip on a safety hazard at a business in Houston, but are lucky enough not to be injured in the accident, you do not have a slip and fall accident claim.
Slip and Fall Accidents: What Constitutes an Unreasonably Dangerous Safety Hazard?
The specific circumstances of a slip and fall accident case will determine whether or not the business or property owner is responsible for the fall. Some common of a hazardous that could constitute an unreasonably dangerous safety hazard include:
- Wet floors without warning signs;
- Uncleaned spills;
- Unrepaired leaks;
- Broken floor boards;
- Debris in walkways; and
- Dangerous conditions in stairwells.
Slip and fall accident claims are fact-intensive legal cases. Every slipping or tripping accident that leads to injuries should be carefully investigated by a qualified Houston premises liability lawyer. An attorney can help you gather the evidence needed to prove liability.
Slip and Fall FAQs
What Is the Duty of Care Owed by Property Owners in Texas?
Property owners owe a duty of care to invitees (customers, guests) to maintain safe conditions. Trespassers typically do not receive this duty.
How Is Negligence Determined in a Slip and Fall Case?
Negligence is assessed by examining whether the property owner knew or should have known about hazardous conditions and failed to address them.
What Types of Damages Can I Recover in a Slip and Fall Accident Claim?
Victims may recover medical expenses, lost wages, pain and suffering, emotional distress, and other related costs.
What Should I Do Immediately After a Slip and Fall Accident?
Document the scene, seek medical attention, report the incident to the property owner, and collect witness information.
Can I Still Recover Damages If I Was Partially at Fault for the Accident?
Yes, Texas follows comparative negligence rules, allowing you to recover damages even if you share some fault, though your compensation may be reduced.
Contact Our Houston, TX Slip and Fall Accident Lawyer Today for a 100% Free Consultation
At Kolodny Law Firm, our Southeast Texas slip and fall accident attorney is devoted to providing professional, attentive, and results-focused representation to injured victims. Get in touch with us by phone or use our online contact form to arrange your free case review. We provide premises liability representation in Houston and throughout Southeast Texas.
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Where to find our Houston office
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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