The sudden shock of a slip and fall accident can leave you with serious injuries, medical bills, and an inability to work or enjoy your daily activities. If a property owner’s negligence led to your accident, you have the right to pursue legal action against them.
However, winning a slip and fall case isn’t simply about proving you were injured on someone else’s property. The legal system requires you to establish three specific elements to secure the compensation you deserve. Without properly documenting and presenting these components, even the most serious injury cases can be dismissed. Make sure to contact a slip and fall accident lawyer in McAllen for legal guidance.
#1: Duty of Care
First, you will need to show that the property owner owed you a duty of care at the time of your slip and fall accident. In Texas, the level of care depends on your visitor status. As a social guest or delivery worker, you are considered a licensee. Property owners must warn you about known dangers and take reasonable steps to correct hazardous conditions. They are not expected to search for hidden dangers but must address obvious hazards.
If you are an invitee—someone on the property for business purposes that benefit the owner—you receive the highest duty of care. This includes customers, tenants, patients, and business clients. Property owners must not only warn you of known dangers but actively inspect for and correct potential hazards. They must maintain adequate security, proper lighting, fire protection, and safe walking surfaces.
Trespassers generally receive minimal protection under Texas law. Property owners only need to refrain from intentionally causing harm. Children, however, receive special consideration. For example, owners have a duty to warn and protect child trespassers from attractive nuisances like swimming pools or playground equipment that might entice them onto the property.
#2: Breach of Duty
Next, you must prove the property owner failed to uphold their duty of care. This breach of duty might involve:
- Failing to clean up spills within a reasonable timeframe
- Neglecting to repair broken stairs, handrails, or flooring
- Not providing adequate warning signs for wet floors or other hazards
- Ignoring building code violations that created unsafe conditions
- Failing to maintain proper lighting in walkways and stairwells
Photographs of the hazardous condition, incident reports, and communications with the owner can all help establish that they knew or should have known about the danger and failed to address it properly.
#3: Causation
Finally, you must connect the property owner’s breach of duty directly to your slip and fall. The evidence will need to demonstrate that, had the property owner upheld their duty of care, the accident would not have occurred and you would not have suffered injuries.
This element can be tricky to prove, but the right evidence can strengthen your case. Medical documentation, surveillance footage, witness statements, and more can all connect the owner’s negligence to your slip and fall.
Trust a Texas Slip and Fall Accident Lawyer to Help Build Your Case
If you were injured in a slip and fall accident, trust an personal injury attorney in McAllen to help prove the property owner’s negligence and establish your right to compensation. A McAllen premises liability lawyer possesses a deep understanding of these elements and can leverage all available pieces of evidence to build a strong case for you. Schedule a free consultation to understand your legal options and the potential value of your case.
