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Texas Premises Liability Lawyers
Property Liability: Slip and Fall Accidents
Premises liability laws are in place to ensure that businesses and property owners provide safe environments for visitors who are invited onto their property. When owners ignore safety and a visitor is injured on their premises, they should be held liable—meaning they need to take responsibility for your injury and the resulting money damages and pain and suffering that you endured as a result of your injury.
Texas law seems complicated…
In order for a business or property owner to be held liable for your injury on their premises, you will need to have been on the premises as a business invitee as that term is defined by law (1). An owner or occupier of property has a duty to use reasonable care to keep premises under his or her control in a safe condition (2). A premises owner owes a business invitee the duty to exercise ordinary care in keeping its premises in a reasonably safe condition so that the invitee is not injured. This includes the duty of the occupier to inspect and to discover dangerous conditions (3).
The elements of a premises liability cause of action were stated by the Texas Supreme Court in Corbin v. Safeway Stores, Inc. 648 S.W.2d (Tex.1983). The elements are:
- Actual or constructive knowledge of some condition on the premises by the owner/operator;
- That the condition posed an unreasonable risk of harm;
- That the owner/operator did not exercise reasonable care to reduce or eliminate the risk; and
- That the owner/operator’s failure to use such care proximately caused the plaintiff’s injuries.
What does all this mean to me?
It means that if you were on someone else’s property and they failed to provide adequate lighting or security, properly upkeep the grounds and building, warn visitors of dangers, or ignored safety codes—and you were injured as a result—you can hold them accountable.
The law can be confusing and you probably have lots of questions, including whether or not you have a case. Stop holding off on calling a lawyer. With Daniel Stark, you get the No Fee Guarantee®! This means that you don’t pay us a fee unless we win your case.
Everyone is susceptible to suffering injury in a slip and fall accident when careless owners fail to take care of their premises. Knowing the potential hazards that exist on the premises and eliminating the chances for an accident are an owner’s duty. If you suffered a slip and fall accident that wasn’t your fault and could have been prevented, we can help. Don’t worry about all of the details—just let one of our premises liability attorneys stand up for your rights and fight for justice.
Why do I need a lawyer?
Every case is different, but a common example is when a person slips and falls at a business in some sort of liquid on the floor. How do you prove that the liquid was there long enough for the business owner to become aware of it? Did you get witness statements from the employees that were on duty? Employee turnover in retail is high, so you need to act quickly. Was there a video? Probably so, but you don’t want to give them the chance to destroy this evidence.
Evidence in cases like this can sometimes be easily covered up or corrected—it’s very important to contact a lawyer who’s handled claims like yours before. A good lawyer will know what evidence to collect and how to work with property owners to make sure you’re taken care of in a timely manner. Your job is to worry about getting better—our job is to make sure you are not taken advantage of by big insurance and big business who just want to protect their bottom lines.
With three offices to serve you, we are your Texas premesis liability lawyers. We have offices in Bryan/College Station, Waco and Austin, so we can help you wherever you’re located, including outlying areas such as Austin, Bastrop, Bellmead, Belton, Brenham, Bryan, Caldwell, College Station, Georgetown, Harker Heights, Hearne, Killeen, Madisonville, McGregor, Navasota, Pflugerville, Rockdale, Round Rock, Temple, and Waco.
- Atchison, Topeka & Santa Fe Ry. Co. v. Smith, 563 S.W.2d 660, 666 (Tex.Civ.App.—Waco 1978, writ ref’d n.r.e.)
- Redinger v. Living, Inc., 689 S.W.2d 415 417 (Tex. 1985)
- Halapeska v. Callihan Interests, Inc., 371 S.W.2d 368, 378 (Tex. 1963); Carlisle v. J. Weingarten, Inc., 152 S.W.2d 1073. 1075-1076 (Tex. 1941); Green v. Kimbell, Inc., 647 S.W.2d 110, 113 (Tex.App. Fort Worth 1983, writ ref’d n.r.e.)