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  • Writer's pictureRobert Schuerger

A Guide on Premises Liability Law: What Is the Slip and Fall Law in Texas?

Slip and fall claims are the most common types of premises liability claims in the United States, including Texas. These accidents can happen on private property, sidewalks, parks, or commercial buildings such as restaurants, retail stores, grocery shops, and many others.


According to the National Floor Safety Institute, slip and fall accidents account for 21.3% of all hospital emergency room visits (more than 8 million) annually, making it the leading cause of emergency room visits in the United States. A slip and fall accident can be devastating, leaving victims with serious injuries, medical expenses, lost wages, and other damages.


The personal injury attorneys at Schuerger Shunnarah have extensive experience protecting the rights of injured victims and aggressively pursuing the compensation they deserve.


Those suffering from slip and fall injuries due to another's negligence should immediately contact Schuerger Shunnarah trial attorneys to discuss their slip and fall case, as they may be able to seek monetary damages. Schuerger Shunnarah can advise on what the average slip and fall settlement in Texas is.


Common Causes of Slip and Fall Accidents in Texas

Common Causes of Slip and Fall Accidents in Texas


A slip and fall accident falls under premises liability law. It occurs when property owners fail to maintain their property or conduct reasonable inspections to identify and remove hazards that could affect guests or visitors.


There are several causes of slip and fall accidents, but some of the most common causes in Texas include the following:

  • Wet and slippery surfaces

  • Inadequate lighting

  • Potholes

  • Cracks and torn carpets

  • Ice and snow

  • Exposed wiring

  • Loose wiring

A slip and fall accident could completely alter the life of the victim. From serious injuries to medical bills, pain and suffering, and other damages, a slip and fall accident can affect the victim physically, mentally, and financially.


It can take weeks, months, or even years for a victim to recover from their injuries, which is why all injured victims need to reach out to experienced personal injury attorneys in Texas to learn more about their legal options.


Common Types of Injuries Sustained in a Slip and Fall Accident


A slip and fall accident can result in many different types of injuries, depending on how the person falls, their age, the impact of the fall, and other factors.


An elderly person may be more prone to fractures and broken bones, even from a minor slip and fall accident, due to their increasing age.


Some of the most common types of injuries sustained in a Texas slip and fall accident include the following:

  • Soft tissue injuries

  • Traumatic brain injury

  • Broken hips

  • Ankles/wrists sprained

  • Cuts, bruises, and lacerations

  • Spinal cord injuries

  • Neck or back injuries

  • Head injuries

Depending on the type of injury sustained and the age of the injured victim, recovery can take anywhere between a couple of weeks to years. In extreme slip and fall cases, the victim may never recover from their injuries.


What Is the Slip and Fall Law in Texas?


Under premises liability law in Texas, property owners have the legal responsibility (duty of care) to take reasonable steps in maintaining their property and conducting inspections to identify and address potential hazards.


If the property owner fails to take the necessary steps to address hazards that could harm others, they may be liable for the damages incurred.


An example of slip and fall liability could include a grocery store owner who notices a spilled drink in an aisle but fails to clean it up. In such a situation, the grocery store owner may be responsible for any accidents due to negligence.


When that happens, injured victims may have the right to pursue a slip and fall injury claim against the property owner's insurance company or file a slip and fall lawsuit in court.


It is important to note that the duty of care might differ depending on the property, the circumstances, and the injured person's status.


Under premises liability law, the property owner does not owe every visitor the same duty of care, which can play a crucial role in whether the injured victim can pursue a personal injury claim or lawsuit.

There are three categories of visitors, which include the following.


Invitee


Property owners owe invitees the highest level of duty of care. They must ensure that their property is safe from hazards or warn their invitees of any hazards to prevent accidents and injuries.


An invitee is a person who has express or implied permission to enter the property. All potential shoppers/customers have implied permission to enter a retail shop or other commercial business, while those attending corporate exhibitions may have an express invitation to attend the event.


Property owners must maintain their property to ensure a reasonably safe condition for all invitees. Since they owe invitees the highest duty of care, the property owner must also conduct regular inspections to determine potential hazards and take the necessary steps to address them. This could include removing the hazard from the property or warning the invitees about the dangers on the property to prevent accidents from happening.


Licensees


Licensees, such as electricians, plumbers, and other contractors, are individuals who have an express invitation to enter the premises. Although property owners do not owe them the same duty of care as they do towards invitees, they are still responsible for warning them about any potential hazards on the property that could lead to injuries.


Trespassers


Under premises liability law in Texas, property owners do not owe trespassers a duty of care as they enter the property without express or implied permission. However, there are certain circumstances where the property owner may be liable for injuries to trespassers.


In Texas, a property owner must warn everyone, including trespassers, of extremely dangerous conditions on the property, such as a vicious dog. They must not intentionally harm the trespasser by creating a dangerous condition that could potentially hurt them.


Additionally, under the "nuisance doctrine," the property owner may be responsible for injuries if the injured trespasser is a child. Property owners in Texas might be liable for any damages if they knew that children were trespassing on their property and they did not take measures to address the dangerous conditions that were likely to attract children.


Types of Damages Victims Can Recover in a Slip and Fall Accident in Texas?


Under Texas slip and fall law, injured victims can recover two main types of damages for their injuries due to the property owner's negligence, and these are as follows.


Economic Damages


When a visitor slips and falls on someone else's property due to their negligence, they may be able to pursue a claim or lawsuit to recover economic or special damages. These types of damages reimburse the victims for all the out-of-pocket expenses incurred following the accident, such as:

  • Medical bills: A slip and fall accident could lead to serious injuries, resulting in medical expenses, including hospital bills, prescription medications, therapist's fees, rehabilitation, and other medical bills. Under the premises liability law in Texas, injured victims can recover these expenses by pursuing a personal injury claim or a lawsuit.

  • Lost wages: Depending on the severity of the injuries, the injured victim may be unable to return to work for a couple of days, weeks, months, or even years. In extreme slip and fall cases, the victim may never be able to go back to work which could affect their financial status. Under Texas law, injured victims may be able to pursue lost wages (present and past lost income and loss of future earnings) when filing a slip and fall accident claim or lawsuit.

  • Property damage: Besides the compensation for bodily injuries, injured victims may be able to recover property damages. A person slipping due to the property owner's negligence and breaking their phone or watch may also seek compensation for repair or replacement.

Non-economic Damages


Besides out-of-pocket expenses, injured victims may also be able to recover non-economic or general damages that compensate them for the non-monetary losses incurred following their slip and fall accident. These may include pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, disfigurement, and scarring.


The types of damages an injured victim may be able to recover depend on the facts and circumstances of their personal injury case. Those suffering slip and fall injuries due to the property owner's negligence in Texas should contact a skilled slip and fall accident attorney at Schuerger Shunnarah.


How Long Do Injured Victims Have to Recover Compensation in Texas?


Under the state's statute of limitations, injured victims in Texas have two years to pursue a personal injury claim or lawsuit from the date of their accident. Failure to bring a claim or civil action against the negligent property owner within two years can bar victims from recovering compensation.


However, certain situations can impact the applicable statute of limitations, which is why it is crucial for injured victims to reach out to an experienced Houston slip and fall lawyer to discuss their slip and fall case and learn more about their legal rights.


How Can Schuerger Shunnarah Trial Attorneys Help Injured Victims in Texas?

How Can Schuerger Shunnarah Trial Attorneys Help Injured Victims in Texas?


Personal injury lawyers at Schuerger Shunnarah have a deep understanding of Texas law and substantial experience in helping injured victims following their slip and fall accidents. They also have information on who's at fault in blind spot accidents.


There are many ways Schuerger Shunnarah trial attorneys help slip and fall injury victims, including the following:

  • Allocating resources to investigate the slip and fall incident and gather evidence to build a trial-ready case.

  • Having a team of legal experts, including insurance company veterans, who have switched sides to help injured victims. They know insider secrets that can increase the victim's chances of recovering compensation.

  • Handling all necessary paperwork to file a slip and fall claim or lawsuit and aggressively pursuing the negligent party's insurance company to negotiate a maximum settlement.

Injured in a Slip and Fall? Schedule a Free Consultation with Schuerger Shunnarah Trial Attorneys!


Those suffering slip and fall injuries in Texas due to a property owner's negligence must immediately contact (833) 692-5038 for a free consultation with an experienced personal injury attorney at Schuerger Shunnarah.

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