Our office has represented clients in many situations involving serious injury caused by a trip or fall. In general, in Texas, the owner or occupier of a property has a duty to make safe dangerous conditions that the owner or occupier of a property knows about or should have known about. There are literally hundreds of court cases that have been litigated and appealed that involve the application of the duty owed by the owner or occupier of a property. The duty hinges in large part on the status of the injured person. Texas law places a designation on your status on the property depending on the facts of your case. In most situations that our office encounters, our clients are legally deemed to be invitees, which affords them greater protection under the law.
An example of an “invitee” would be a shopper in a store. When you enter a store as a shopper, you are there in the furtherance of the store’s business, and in most circumstances would be considered an invitee, and afforded greater protection under Texas law. In some instances, a person may be considered a licensee or a trespasser, and under Texas law, the burden becomes more difficult for the injured party to recover. The status of the injured person is very important to determine when evaluating a premises liability case.
Causes of Trips and Falls
Many trips and falls are caused by conditions that have been present for an extended period of time and will help us in determining fault and establishing liability. Some examples would be a roof that has been leaking for an extended period of time and creates a slip hazard; a curb, sidewalk or parking lot that has had significant defects in it for an extended period of time and create a trip hazard; area rugs that are not secured to a floor and create trip hazards; and, electrical cords extended across a pedestrian area that create trip hazards.
Other premise liability cases involve injuries that don’t involve trips and falls but involve accidents such as falling merchandize that has not been adequately secured and dangerous conditions that are left open to children.
There are important legal deadlines in Texas that must be met in order to protect your claim if you are injured in a trip, fall, or sustain an injury as a result of a dangerous condition on someone’s property. In the event your claim is not timely filed, you may lose your rights of recovery.
When you contact our office, we will evaluate your injury claim and any deadlines that may be relevant to your claim. In some cases, the appropriate and responsible parties are not readily apparent, so it is important to discover all appropriate parties to protect your claim.
FAQs
What is a trip and fall claim under Texas law?
A trip and fall claim is a type of premises liability case that arises when a person is injured due to a dangerous condition on someone else’s property. These claims focus on whether the property owner or occupier failed to correct or warn of hazards they knew about or should have known about.
Who can be held responsible for a trip and fall injury?
Liability may rest with the property owner, tenant, business operator, or another party responsible for maintaining the premises. Determining responsibility depends on who controlled the property and whether they had a duty to address the hazardous condition.
Do I need to prove the property owner knew about the hazard?
In many cases, yes. An injured person must often show that the property owner knew or should have known about the dangerous condition and failed to fix it or provide adequate warning within a reasonable time.