Property owners have a legal duty to make reasonable efforts to ensure that their premises are free from hazards. If a property owner breaches this duty by creating or allowing an unreasonably dangerous condition, the owner is liable to the injured party and can be required to pay money damages.
A slip and fall case is the popular way to describe a claim against a property owner with a hazard on their property that causes a person to slip and fall. It is often difficult for victims to decide whether their slip and fall case merits making a claim, especially if the property owner is a friend or relative. That's why it's crucial to speak to an experienced Texas slip and fall accident attorney that can help you make this determination.
The Morgan Legal Group is the leading personal injury law firm in Texas, offering free consultations for new clients. Call 713-969-5026 for a free case review.
What's An Unreasonably Dangerous Condition?
Property owners are not expected to maintain their property perfectly at all times, only to make reasonable efforts to keep their property safe. Reasonable care implies a duty to inspect the property regularly but not to monitor every square inch at every moment continuously. For example, a store owner would be liable for an injury caused by spilled water that was allowed to remain on the floor of a shopping aisle for hours, but not for a fall caused by a customer that spilled a drink on the floor a few minutes before the fall.
When slip and falls are caused by torn, broken, or bulging carpet, the case will turn on whether the defect was there long enough for the owner to be reasonably expected to have noticed it.
If a condition cannot be repaired, the owner has to provide adequate warning. For example, when a bathroom is being mopped, the owner must provide warning signs that impede traffic into wet areas, but they're not responsible for injuries caused by somebody that trips over the warning cones because they have their face in their phone.
Poor maintenance such as failing to replace lightbulbs, broken stairs, missing railings, and other defects often gives rise to liability for slips and falls.
What To Do After A Slip and Fall Accident
If you're injured in a slip and fall accident, it's essential to report the incident to the property owner or their representative as soon as possible, preferably in writing. If there's nobody around to take your report, see if you can find an email address to send your report.
Don't neglect to get medical attention as soon as possible to treat and document your injuries as soon as possible. A successful slip and fall case requires proof that your injuries were caused by the accident, and the more time that elapses between the accident and treatment, the more difficult this is to prove.
Texas Slip and Fall Accident Attorney
The sooner you contact an experienced Texas slip and fall attorney, the more likely your case will be successful because fast action may need to be taken to preserve critical evidence. For example, a security camera may have captured your accident, and it could be routinely erased unless a notice to preserve evidence is sent to the property owner.
If you've been injured in a slip and fall accident, and you're not sure if the condition that caused you to fall meets the required legal standard, it's important to speak to an experienced Texas slip and fall accident attorney as soon as possible so that evidence can be preserved and deadlines can be met.
The Morgan Legal Group is the leading personal injury law firm in Texas, offering free consultations for new clients. Call 713-969-5026 for a free case review.