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Proving Liability in Slip-and-Fall Accidents in Texas

 Posted on April 09,2024 in Uncategorized

New Braunfels personal injury lawyerSlip-and-fall accidents can lead to serious injuries and financial burdens. You may be entitled to compensation if you have been injured in a slip-and-fall accident. However, proving liability can be challenging. A Texas lawyer can help you prove liability in slip-and-fall accidents.

What Exactly is Premises Liability?

In Texas, slip-and-fall incidents are considered under premises liability law. Property owners are legally responsible for maintaining their premises reasonably safe for guests. This duty applies to both business and private property owners. To prove liability, you must demonstrate that the property owner failed to maintain a safe environment, leading to injuries.

Establishing Negligence

You must prove negligence to hold a property owner liable for your slip-and-fall accident. Negligence occurs when the property owner fails to exercise reasonable care in maintaining their property. You must show that:

  • The property owner had a duty of care towards you
  • The property owner was unable to fulfill that obligation
  • The breach caused your injuries
  • You suffered damages as a result

What to Know as You Gather Evidence

Gathering evidence is essential for constructing a solid case. Take photos of the accident scene, capturing any hazards or dangerous conditions contributing to the fall. Gather statements from any witnesses of the accident. If it occurred at a business, inform the management and ask for a copy of the incident report.

Proving Notice

In Texas, it is essential to demonstrate that the property owner had either actual or constructive notice of the hazardous condition. Actual notice refers to the owner’s awareness of the danger but failure to take action. Constructive notice means the owner should have known about the hazard through reasonable inspection and maintenance of the property.

To establish notice, consider factors such as:

  • How long the hazard existed before your accident
  • Whether the hazard was obvious or hidden
  • If the property owner had a routine inspection and maintenance schedule

Comparative Negligence

Texas adheres to a modified comparative negligence rule, which means that if you are deemed partially responsible for an accident, your compensation will be diminished in proportion to your degree of fault. However, you cannot recover damages if you are more than 50% at fault. The property owner may argue that you were distracted or not paying attention, so be prepared to counter these arguments.

Contact a New Braunfels, TX Personal Injury Attorney

To establish liability in a slip-and-fall case, one must show that the property owner failed to maintain a safe environment, constituting negligence. Gather evidence, establish notice, and be prepared to address comparative negligence arguments. Understanding the legal aspects of a slip-and-fall case and getting help from a Seguin, TX personal injury lawyer can enhance your likelihood of securing potential compensation for your injuries and losses. Call The Bettersworth Law Firm at 830-606-0404 for a free consultation with a team that genuinely cares about your outcome and does not treat you like a number.

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