Slips, trips, and falls can cause serious injuries. A slip and fall accident could leave you with stacks of medical bills, lost wages, physical pain, and emotional suffering. A business or property owner may be legally liable for a slip and fall accident that occurs on their premises. However, liability is not automatic in Texas. Within this article, our Houston slip and fall accident lawyer highlights the key things to know about Texas premises liability laws and what you need to do to prove fault in a claim.
Slip and Fall Accidents are Premises Liability Claims
Slip and fall accidents fall under the umbrella of premises liability claims in Texas. Under state law, property owners and property occupiers have a duty to keep their premises in reasonably safe condition. What happens if they fail to do so? They may be liable for injuries caused by a safety hazard, including hazards that contribute to slip and fall accidents.
What You Need to Prove to Establish Fault in a Slip and Fall Accident in Texas
Texas law does not hold a business or a property owner automatically liable for a slip and fall that occurs on their premises. Instead, the claimant/plaintiff (injured victim) must prove fault. There are four main elements to establish fault in a slip and fall accident in Texas,
- Duty of Care: The business or property owner must have owed a legal duty of care to the injured person. The scope of this duty varies depending on the visitor’s status as an invitee. In Texas, trespassers generally cannot bring a slip and fall claim.
- Breach of Duty: The business or property owner or occupier breached their duty of care by failing to maintain safe premises. In slip and fall cases, this generally means that the owner knew or should have known about a slip and fall hazard and failed to take the proper corrective action to protect visitors.
- Causation: Liability requires causation. The injured victim must prove that the breach of duty (unreasonable safe hazard) was the cause of the slip and fall accident.
- Damages: Slip and fall accident claims are largely compensatory in nature. The injured victim must prove that they suffered actual damages in the fall, including things like medical bills, lost wages, and pain and suffering.
Injured Victims have Limited Time to Bring a Slip and Fall Accident Claim
Under Texas law (Texas Civil Practice and Remedies Code § 16.003), the statute of limitations for a slip and fall accident is two years. Do not wait too long to start the claims process. Consult with a Houston premises liability attorney right away after a serious slip and fall accident.
Contact Our Houston Slip and Fall Accident Lawyer for a Free Consultation
At The Stano Law Firm, our Houston slip and fall accident attorney has the professional skills and legal expertise to hold a negligent business or negligent property owner legally accountable. Contact us now for your free, no obligation consultation. With an office in Houston, we represent slip and fall accident victims throughout Southeast Texas.