Slip and Fall Attorneys Explain What Must Be Proven in a Premises Liability Case
Slip and fall cases are often viewed with skepticism by property owners and insurers. However, falls are a leading cause of emergency room visits in the U.S. The injuries that send fall victims to the ER range from sprains to traumatic brain injuries. Fortunately, slip and fall attorneys can pursue compensation for these victims’ losses.
Key Elements of a Premises Liability Case
The elements for proving liability in a slip and fall case depend on the relationship between the victim and the person or business responsible for the property. Under Texas premises liability law, visitors are divided into the following three categories:
- Trespassers who do not have permission to be on the property
- Licensees who were invited onto the property by the property occupier
- Invitees who are on the property for the property occupier’s benefit
The difference between licensees and invitees depends on the visitor’s purpose. Licensees are often social guests, whereas invitees tend to be customers.
Under Texas law, each class of people must meet a different legal test to recover compensation. A trespasser must prove the property owner or occupier intentionally harmed or set a trap for them. Generally, the owner or occupier must warn licensees of known hazards and exercise reasonable care to protect their safety.
Invitees receive the highest level of protection. A slip and fall lawyer must prove the following four elements when an invitee gets injured:
Duty of Care
All property owners, occupiers, and managers must exercise reasonable care and caution in safeguarding guests. This duty requires them to act in an objectively reasonable way when performing any of the following:
- Inspecting their property to identify hidden hazards
- Warning invitees of dangerous conditions
- Fixing hazardous or potentially hazardous features
The key word in the duty of care is “reasonable.” Owners and occupiers of land do not absolutely guarantee their guests’ safety. They only need to act the way a reasonable property owner would have behaved in the same situation.
Knowledge of the Hazard
A common issue that arises in premises liability cases is whether the property owner or occupier knew about the danger. If the injured person was a licensee, the owner or occupier is only liable for known hazards. They do not need to search for hidden dangers when licensees are on their premises.
However, an owner or occupier is responsible for any hazards they knew of or should have reasonably discovered when the visitor is an invitee. Thus, owners and occupiers must make reasonable inspections of the premises. For example, a grocery store must reasonably search its aisles for slipping hazards and clean them up in a timely fashion.
Breach of Duty
A breach of duty occurs when the person or business fails to meet the standard of care. The issue is not whether the victim was injured. Instead, the question is whether the property owner or occupier was responsible for failing to maintain safe conditions on the premises. The following risks might constitute a breach of duty:
- Failing to clean up a spill after a customer or worker reports it
- Neglecting to fix rolled rugs or raised carpet
- Ignoring obvious rain puddles near entrances
Owners and occupiers have a reasonable time to act on hazards. A restaurant might not have breached its duty if a customer slipped on a spilled drink a few seconds after another customer dropped it. However, the business might be liable if a server saw the spill happen but failed to clean it up or display a warning sign until it could be mopped.
Causation
Causation requires a link between the hazard and the injury. To establish such a connection, your slip and fall attorneys must show that an injury was a natural, logical, and foreseeable result of the breach.
In most cases, causation is clear. For example, a fall is a natural, logical, and foreseeable consequence when an auto shop fails to mop up spilled oil.
Comparative Negligence
Some injuries have multiple causes. If you contributed to the cause of your slip and fall, you can still recover compensation under Texas’s proportionate responsibility statutes. These laws implement a legal concept called comparative negligence. Under this doctrine, your compensation is reduced by your share of the fault for your injuries.
Suppose that you fell after encountering a puddle in a restaurant. However, a worker saw you texting when you slipped. An insurer or jury might assign you 25% of the blame because you were not watching where you were going. As a result, you could only recover 75% of your injury-related losses.
Damages
You must prove that you suffered losses due to the breach. In other words, you cannot seek compensation for harmless accidents. If you suffered an injury, you likely have some losses, such as medical bills. Your slip and fall lawyer uses medical and financial records to prove the extent of your injuries and losses.
FAQ
What Is a Slip and Fall Accident?
Slip and fall accidents happen when your feet lose traction, causing you to lose your balance. The person or business responsible for the premises where you slipped may be liable for the injuries you suffer in the resulting fall.
When Do I Need Slip and Fall Attorneys?
Consider consulting slip and fall lawyers when you injure yourself on someone else’s property due to their carelessness. A lawyer can analyze your case and determine the strength of your legal claim.
What Compensation Can I Seek for Slip and Fall Injuries?
You can pursue compensation for economic and non-economic losses. Economic losses include medical expenses and income losses. Non-economic losses encompass your pain and suffering.
Contact Us to Discuss How We Can Help With Your Premises Liability Case
You can pursue compensation for slip and fall injuries caused by negligence. Contact the team at Ramsey Law Group to learn how we can prove liability in your premises liability case.