You are in your local convenience store, you are browsing the aisles like you always do, and the next thing you know, you are on the floor with an injured hip. The pain is overwhelming, and all you can think is that maybe this is just your bad luck catching up with you.
However, many slip-and-fall incidents result from someone else’s negligence. Understanding your rights under Texas premises liability law can mean the difference between suffering in silence and getting just compensation.
What is premise liability in Texas?
Property owners have a duty to keep their premises safe for visitors. Premises liability means property owners are responsible if someone gets hurt because of unsafe conditions they caused or knew about. To prove liability, you must show that the owner failed to meet this duty by not taking reasonable steps to prevent your injury.
When a slip-and-fall becomes a legal claim
Not every fall results in a legal case. To build a strong premises liability claim, you must prove negligence and show all of the following:
- A dangerous condition existed: For example, unmarked spills, broken stairs or poor lighting created a safety hazard.
- The owner knew or should have known: Prior complaints from staff or customers warned them of the issue and should have prompted action.
- The owner failed to fix or warn: After becoming aware, the owner did not clean, repair or post warnings in a timely manner.
- Your injury resulted from the hazard: There must be a direct connection between the unsafe condition and your trauma.
Texas follows a modified comparative negligence system known as the 51% Bar Rule. If you are partly at fault, say, you were looking at your phone when you slipped, your compensation could be reduced. This will be based on your share of responsibility. But if you are found to be more at fault than the property owner, you will not be able to recover anything. That is why having legal guidance is so important to help show that the property owner’s negligence played the bigger role in what happened.
What to do after a slip-and-fall
A slip-and-fall can leave you shaken, but what you do next matters.
- Seek medical attention immediately
- Document the scene with photos, videos and get witness information
- Report the incident to management and request an incident report
- Avoid giving statements to insurance companies without an attorney
- Contact a Texas premises liability attorney as soon as possible. Evidence fades quickly, and the time limit for filing a case applies.
Taking clear, thoughtful steps can help protect both your recovery and your legal rights.
You are not out of luck
It is easy to brush off a slip-and-fall as your clumsiness or happenstance. But if a property owner’s negligence led to your injury, you should not have to shoulder the burden of medical bills, lost income or long-term recovery costs alone. Texas law may entitle you to compensation. Speak with a knowledgeable premises liability attorney who can protect your rights and fight for the recovery you deserve.