Who is Liable for Slip and Fall Injuries in the State of Texas?
In the state of Texas, the liability for a slip and fall injury can be something of a gray area under the laws of the region. In general, the owner or operator of a property is liable for slip and fall injuries, but the plaintiff, in any case, must prove the owner was negligent in their duty of care towards visitors. Texan law places the responsibility for any injury on the injured party to prove by more than 50 percent in the view of a judge that the defendant was at fault for their accident.
Premises Liability
The legal term, premises liability, refers to the issue of the individual owner of a property being negligent in the care of a property leading to the injury to a visitor, employee, tenant, or general contractor. Proving premises liability does not solely mean the injured party looks to sue the owner of the property, in some cases a tenant, lessee, or general contractor can be left with the need to care for the property in question. The first question our lawyers will ask is who is responsible for the care of the property where the slip and fall took place?
Proving Fault
Liability issues in the state of Texas can take many forms with the laws regarding premises liability placing some of the burdens on the plaintiff. One of the main issues facing a plaintiff is ensuring their own actions were not, in part, responsible for the injury suffered. Texas uses a percentage ratio to prove the liability for slip and fall injuries with an injured person needing to prove they did not play a major part in their own injury. Among the questions to be answered by a defendant in a slip and fall case will be whether they made clear the damaged part of their building posed a hazard to the health and well being of visitors, residents, and employees.
The law in Texas states a plaintiff must prove their slip and fall injury was the fault of the defendant by more than half of the blame being placed at their door. If the plaintiff admits to ignoring warnings from the defendant regarding the damaged area of the building, they are likely to lose their case as more than half the blame will be shifted in their direction.
What Constitutes a Liability?
There are many events occurring which can be referred to as caused by premises liability actions, including dog bites, chemical spillages, potholes, loose handrails on stairwells, and many other areas of damage such as debris in hallways. There is barely a limit to the number of injuries which can be referred to as falling under the remit of a court to provide compensation in a property liability case. From head injuries to spinal cord damage and dog bites, a range of issues can be tried under property liability.
In terms of slip and fall injuries specifically, a number of conditions will need to be met for an injury to be seen as meeting the criteria for claiming compensation. Among these is the requirement the plaintiff was on the property legally and was invited by the owner or person responsible. It is important the defendant is proven to have been negligent in their care of the property an injury took place within.
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