Slip and Fall Law
Texas Slip and Fall Accident Laws
Across Texas, slip and fall accidents are a painful and surprisingly common occurrence. Victims suffer the trauma of immediate injury and longer-term damage, as well as the shock of expensive medical fees and even lost wages. As a result, anybody who has suffered a slip and fall accident should be aware of how Texas law handles slip and fall cases.
Whether the accident has happened in Houston, Dallas or Fort Worth, Texas slip and fall accident rules allow a victim to file a case for damages when they injure themselves on someone else’s property. They make it clear how a victim must show that the property owner was negligent in allowing the accident to happen, and outline the possible defenses the owner might be able to make.
How do you prove liability in a Texas slip and fall accident?
There could be liability for a slip and fall accident whenever someone is injured on another person’s property – whether that property is a grocery store, a government office, or a friend’s private home. In Texas, a property owner will be liable when:
- The victim suffered an injury in the accident for which damages could be awarded;
- The property owner had a duty to prevent the harm that was suffered in the accident;
- The property owner was negligent in this duty and failed to remove or reduce the danger that caused the accident.
When a court is considering liability, it will decide whether a property owner could reasonably have prevented or minimized the danger. This could include, for example, whether a grocery store makes regular checks of its aisles for leaks from its equipment, or whether a homeowner could have been aware of a dangerous oil spill on their driveway.
If a slip and fall accident happens on a business premises, the property owner can be liable where an employee has been negligent in relation to the conditions which caused the accident.
What compensation can be claimed for a slip and fall accident?
Compensation for injuries from a Texas slip and fall case could include:
- Medical expenses
- Long-term care
- Lost wages
- Pain and suffering
Texas law says that a victim of a slip and fall accident is not able to recover any damages if they are found to have been more than 50 percent responsible for the accident happening. In Texas, this is called “Proportionate Responsibility”. A court will decide the percentage responsibility by considering how far each party has contributed to the harm that was suffered.
What is the statute of limitations on a Texas slip and fall accident?
Victims of a Texas slip and fall accident have two years from the date of the accident to file a claim for damages related to their injuries. It is advisable to speak with an experienced personal injury attorney specialized in slip and fall cases for advice on whether it is better to delay filing an immediate claim to ensure you know the full extent of your injuries.
Texas has special rules for slip and fall accidents involving government departments, including a six month deadline for filing a claim after the accident happened.