How to Determine Liability in
a Texas Slip and Fall Accident
A person injured on private, commercial, or public property is within their rights to recover compensation for their injuries. When a slip and fall accident occurs, any of the following individuals or entities may be at fault:
- Homeowner or Property Owner: A homeowner or property owner may be held responsible for slip and fall accidents that occur on their property.
- Business Owner: Business owners are often liable for the dangerous conditions on the premises that led to a slip and fall accident.
- Government Entity: If your injuries occurred on property managed or owned by the government, the government entities and municipal agencies may be liable.
- Your Own Carelessness: The Texas court may shift the blame on your own negligence if your carelessness or lack of attention was a contributing factor to the slip and fall. In a situation like this, seeking compensation for your injuries will require the skills of an experienced personal injury attorney who can argue for your case to be considered.
- Others: Other potentially liable parties include builders and construction companies, property management companies, companies that lease their business locations, and various service providers including repair, maintenance, and professional cleaning companies.
In order to seek damages for a slip and fall injury, the plaintiff must prove a number of different factors. These factors include:
- The defendant owed a duty of care.
- There was a breach of duty of care.
- The defendant's breach of duty, negligence, or carelessness caused the victim's injuries.
- The plaintiff suffered actual harm, bodily injuries, or damages due to the slip and fall accident.
Negligence Laws in Texas
Texas follows the "modified comparative negligence" principle. Under this rule, injury or accident victims may only recover damages if their level of negligence is lower than the other party. In essence, a person injured in a slip and fall accident may only seek compensation if they were less than 50 percent responsible for the slip and fall accident. In addition to this requirement, the amount of damages you may recover will be reduced by your percentage of fault.
For example, if you were texting while walking and were unable to notice a wet surface that you would have otherwise been able to observe if you were paying attention, the judge may find you to be partially at fault for your injury. If the total awarded damages were $100,000, and you were found to be 20 percent at-fault, you would only receive 80 percent of the $100,000 settlement, leaving you with $80,000 in compensation to collect.
Work With an Experienced Slip and Fall Attorney in Houston, Texas Today
Getting injured in a slip and fall accident can be a painful and often stressful experience. Additionally, you may be faced with a lot of legal complexities while trying to navigate a Texas slip and fall accident claim on your own. That’s why it is so crucial that you consult with a knowledgeable Texas personal injury attorney who can protect your rights and help you pursue your rightful compensation.
At The Fostel Law Firm, I have dedicated my career to providing experienced legal guidance and strong representation to injured victims pursuing a personal injury claim, including slip and fall accidents. As your dedicated legal counsel, I can:
- Fight to protect your rights and represent your best interests
- Review the details of your case and conduct a thorough investigation
- Establish fault and liability for any other parties involved
- File all of the necessary paperwork for your personal injury lawsuit
- Help negotiate a settlement with the insurance company, if necessary
Having me on your side can go a long way toward improving your chances of receiving fair compensation that can cover your medical expenses so that you can focus on what matters most — getting better.