Texas Slip & Fall Premises Liability Law
When a property owner fails to maintain their property or neglects to caution guests of potential dangers, it can prompt mishaps which are typically classified as “slip and falls.” Victims can sustain serious injuries in these falls and compensation may be recovered through premises liability lawsuits.
More than one million people need emergency medical care each year in the United States for Slip and fall accidents, and the average hospital cost of a slip and fall is more than $30,000. Five percent of the cases have a broken bone and about 20-30 percent get seriously injured. Nearly one-third of adults over 65 fall each year. Slip and fall accidents cost Americans more than $34 billion each year.
Types of Slip and Fall Accidents
The majority of slips and falls can be broken into the following two categories: how they occur and where they occur. Common locations where Slip and Fall Accidents typically occur are grocery stores, small businesses, private homes, hotels and resorts, and public places and parks. Typically, store owners and homeowners have insurance to cover these kinds of incidents.
How many slips and falls occur include:
- Icy walkways.
- Cluttered floors.
- Inadequate lighting.
- Wet or slippery floors
- Ditches, trenches or potholes.
- Damaged sidewalks.
The most common injuries in slip and fall accidents are cracks or broken bones. Every year, a considerable number of youngsters and older adults break bones in falls along with cracks to the legs, arms, ribs, and hands. Spinal cord damage. Is also possible.
Premises Liability Law in Texas
Premises liability law makes the owner of the premises responsible for injuries suffered by the injured persons on their property. To prove liability, the injured party needs to show that the danger was well known to the property owner but neglected to remove the threat.
There are three categories of premises liability law cases in the State of Texas: Standard Premises Negligence Case, Negligent Activity and Negligent Undertaking.
In Texas, it’s important to understand the difference between a standard premises liability case and a negligent activities case, because more elements need to be proven in a standard liability case than in a negligent activities case. In Texas, a negligent act occurs when there is an ongoing activity that caused injury to a plaintiff, but at the time of injury, if the act is not constant, it is considered a standard premises liability case.
Suppose, for example, an employee spills water on the floor and then forgets to clean it up before he leaves. After that, a customer slipped and fell because of the spill and was injured Such a situation would be considered a standard liability case because the negligent act was not ongoing at the time of injury.
What to Do After a Slip and Fall Accident
If you are injured in a slip and fall, there are certain steps you should take immediately:
- First and foremost, seek medical treatment for any injuries you suffer. Visit a doctor immediately so that your injuries are properly recorded.
- Report the accident to the premises owner, manager or someone in charge of the business.
- Write the names and contact numbers of the people with whom you talked. Ask them to make a written report and ensure you receive a copy.
- If possible, take pictures or video of the place where you fell and also the surroundings.
- Identify any witnesses, if possible.
- You should try to limit your communication with the property owner or manager. Remain calm and decline to give any statement to the insurance company before you contact an attorney.
- Contact an experienced personal injury attorney.
Injured in a Slip and Fall? Call Thomas J. Henry Today
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