What is Premises Liability?
"Premises liability" refers to a situation in which an individual becomes hurt or injured in an accident on another person's property or business's premises due to the unsafe, dangerous, or hazardous condition of the property. Some common injuries that may occur and lead to premises liability claims include:
- Slip and fall accidents
- Dog bites and other animal attacks
- Negligent security leading to assault or injury
- Defective and broken stair accidents
- Accidents involving fire
- Inadequate maintenance of the property
- Water leaks or flooding
- Defective staircases or stair collapse
- Elevator and escalator defects or accidents
- Swimming pool accidents
- Garage door accidents
- Oil leaks
- Toxic fumes or chemicals
- Porch collapses
- Oilfield accidents
A person who sustains an injury on public, private, or commercial property is within their rights to seek damages through a premises liability claim. Any of the following individuals or entities may be at fault for a slip and fall accident:
- Property Owner: A property owner or homeowner may be held liable for a slip and fall accident that occurred on their property.
- Business Owner: Business owners are often held responsible for the unsafe conditions on the business's premises that resulted in the slip and fall accident.
- Government Entity: If you are hurt in an accident on a property owned, controlled, or managed by the government, the government entity or municipal agency may be held responsible.
- The Injured Party: If your negligence or lack of attention was a contributing factor to the slip and fall accident, the court may assign the blame to you. In such circumstances, it may be difficult to recover damages for your injuries.
- Others: Other parties may be held liable for slip and fall accidents, including construction companies, builders, service providers, or property management companies
Comparative Negligence in Texas
The state of Texas follows a "modified comparative negligence" rule, with a 51% bar. Under this system, a person injured in a slip and fall accident may only recover damages if their percentage of negligence is determined to be lower than that of the defendant. In essence, you will only receive compensation if you were less than 50% responsible for the slip and fall incident. The amount of damages you may recover will be reduced by your fault percentage.
For example, if you were chatting while walking, got distracted, and failed to notice broken stairs or a wet surface that you would have seen if you were paying attention, the judge may find you to be partially at fault for your injury. If the judge awards $20,000 in total damages, and your share of negligence was found to be 35%, you would only receive 65% of the $20,000 ($13,000). If the court finds you to be more than 50% responsible for your slip and fall accident, you will not be eligible to receive any compensation.
Work With Experienced Attorneys
Getting hurt in a slip and fall accident can be a painful and emotional experience. Moreover, you are likely to face various challenges while trying to navigate a Texas premises liability claim on your own. If you were hurt in a slip and fall accident, consulting with knowledgeable Texas personal injury attorneys is crucial to protect your rights and help you pursue your rightful compensation.
We have dedicated our careers to offering experienced legal guidance and compassionate representation in personal injury and premises liability matters, including slip and fall accidents. As your legal counsel, we can:
- Review and investigate every detail of your case
- Seek to prove fault, establish liability, and determine case-value
- Help negotiate a fair settlement with the insurance carrier
- File personal injury lawsuit, if necessary
Our attorneys will fight vigorously to protect your rights and represent your best interests. Having our team on your side can improve your possibility of obtaining fair compensation for your injury and a favorable outcome in your premises liability claim.