A split-second lapse in attention and a slippery surface can lead to painful injuries. These are the elements of a slip-and-fall accident, and all too often, the culprit is something as simple as a spilled drink or a wet floor.
Can you take legal action for an injury caused by something as seemingly insignificant as a little spilled water? The answer depends on many factors, and understanding your rights is crucial.
A minor hazard can still lead to major consequences
Under premises liability law, property owners are responsible for maintaining safe premises for visitors. If a small amount of liquid led to a dangerous situation, these factors help determine if the property owner acted responsibly:
- Notice: Did the property owner know about the spill (hazard), or should they have known about it?
- Reasonable care: Did the property owner take reasonable steps to clean up the spill (hazard) or prevent it in the first place?
- Causation: Did the spill (hazard) directly cause your injuries?
- Severity of injuries: How severe are your injuries? If they are severe, you may be eligible for significant compensation.
Texas follows a “proportionate responsibility” rule, meaning the court considers each party’s fault percentage. Your compensation for medical expenses, income disruption and other losses due to injury may decrease in proportion to your degree of fault.
It is also important to note that minor slip-and-fall accidents with no significant injuries may not justify legal action. Still, if you have suffered serious harm, such as fractures, concussions or spinal damage, even a small spill could be grounds for a valid claim. The key factors are typically the property owner’s negligence and the injuries you have sustained, not the size of the hazard.
Your safety and well-being are worth fighting for
Do not let the apparent triviality of the cause deter you from obtaining justice. If you are struggling with slip-and-fall injuries on someone else’s property in Texas, speaking with a personal injury attorney is essential. They can work tirelessly to ensure you receive the financial support you need to heal.