Texas Slip and Fall Claims

If you have fallen and been injured as a result of someone else’s negligence, you should seek the advice of an experienced personal injury attorney. You may be entitled to receive compensation for your injuries and damages. Slip and fall cases, also known as premises liability cases, are complicated and best left to an experienced personal injury attorney.

The first element of a slip and fall case is establishing that there was a legal duty. You must show that the owner of the premises owed you a duty of care. What duty was owed to you depends on why you were on the property. Nixon v. Mr. Property Mgmt. 690 S.W.2d 546 (Tex. 1985). Texas law classifies a visitor as either an “Invitee”, a “Licensee”, or a “Trespasser”. An invitee is a a person who is on the premises with an express or implied invitation of the owner (or possessor) and who has entered for a purpose for which the premises are held open. Think a customer in a store. A licensee is a person on the premises with the permission of the owner (or possessor) but without an invitation and without a business purpose of contract relationship. A guest in your house would be an example of a licensee. A trespasser is a person who is on the property of another without any right, lawful authority, invitation, permission, license, or not in the performance of any duty. The highest duty of care is owed to an invitee.

The second element of a slip and fall case is establishing control. After you have established that a duty of care was owed, you must prove the owner or possessor of the land had control of the premises in order to be held liable as an owner or occupier. Butcher v. Scott, 906 S.W.2d 14, 15 (Tex. 1995)

The third element of a slip and fall case is establishing that there was an unreasonably dangerous condition on the property that posed an “unreasonable risk of harm: and there was a “sufficient probability” of a harmful event occurring that a reasonably prudent person would have foreseen it or some similar event happening. Rosas v. Buddies Food Store, 518 S.W.2d 534, 537 (Tex. 1975).

The fourth element of a slip and fall case is to show that the person with control knew or should have known of the unreasonably dangerous condition. In other words, you must prove knowledge.

Finally, you must prove that condition was the proximate case of the harm you suffered.

There are many nuances to a slip and fall case and it is best left to an experienced personal injury attorney to ensure that nothing is missed. If you or a loved one has been injured in a slip and fall accident, you should contact the Shehan Law Firm right away for a free consultation to discuss your claims and make sure you get the compensation you deserve.