by Texas Slip and Fall Injury Lawyer, Tim O’Hare
Slip and fall accidents happen. But is there someone who can be held responsible? If you are injured in a fall on another’s property, who should cover the medical bills from treating your injury?
Slip and fall incidents generally fall under the “premises liability” category of personal injury law. When a property owner is negligent in maintaining a safe environment, including repair and upkeep of the property, they may be held liable if someone is injured while visiting their property. This can apply to both business owners and homeowners.
In many states, premises laws require property owners to exercise reasonable care to ensure the property — including interior aisles, passageways and floors — remain in a safe condition and that the property is free of hazardous conditions that may present a danger to someone visiting the property. Property owners have the responsibility to manage their property in such a way that others are not at risk of injury while on the property.
If someone is injured while on another’s property, the injured party may file a premises liability claim against the owner of the property if it can be proven that the owner was negligent in keeping his or her property safe. This is the key. Property owners are NOT responsible for your medical expenses or other damages just because an injury occurred on their property. Their negligence must be the cause of the injury. Though both commercial property owners and homeowners may be held responsible for injuries occurring on their property, most premises liability cases are brought against the owners of commercial properties.
Common examples of premises liability or slip and fall cases include:
- A slip and fall at a commercial establishment caused by liquids or another foreign substance
- A trip and fall caused by unsafe property conditions
Premises liability may also include cases pertaining to:
- Construction site accidents
- Assaults by employees or business patrons
- Negligent Security
Premises liability cases can be tricky, as it must be proven that the property owner was negligent. In Texas, successful premises liability lawsuits must prove these five elements:
A condition existed on the property in question that posed an unreasonable risk of harm to other individuals on the property.
- The property owner knew or should have known his or her property was in such condition to pose risk of injury to others.
- The property owner should have anticipated that others not discover the danger of the property or be able to protect themselves against it. (Thus taking action with necessary maintenance or changes to the property to avoid injury to others.)
- An individual was injured on the property in question.
- The injury was a direct result of the dangerous condition on the property in question.
If you have suffered injury or harm due to a hazard on a private or commercial property, it is important to document the accident with photos. Take pictures of the hazard. Get the names and phone numbers of as many witnesses as possible. These witnesses will play a significant role in the success of your case. And, most importantly, work with a personal injury lawyer who is experienced and has a record of success in premises liability cases. Contact The Law Offices of Tim O’Hare to speak with a Texas slip and fall lawyer today.
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