A slip-and-fall accident can upend your life, keeping you out of work while medical bills accumulate. When the fall occurs on someone else’s property, the question of who should pay for these damages becomes urgent. In Texas, the answer depends on who controlled the property, why you were there, and what the responsible party knew about the hazard.
The Legal Duty That Texas Property Owners Owe to Visitors
In Texas, the duty a property owner owes you is governed by the Texas Civil Practice and Remedies Code § 75.002 and depends largely on your reason for being on the property. Visitors usually fall into one of three categories:
- Invitees: Customers and others who enter for the owner’s benefit receive the highest protection. The owner must take reasonable steps to fix or warn about hazards it knew or should have known about.
- Licensees: Social guests and others with permission to enter are owed a warning about hidden dangers the owner knew about.
- Trespassers: People who are on the property without permission are protected only from intentional harm or gross negligence.
Parties Beyond the Owner Who May Share Liability
Sometimes, the party who controlled the spot where you fell may be someone other than the owner. Liability may rest with one party or be shared among several, including:
- Business Tenants: Stores, restaurants, and other businesses that lease space control the floors, aisles, and entryways within their units. A tenant may be liable if its employees leave spills unattended, stack merchandise in walkways, or ignore a bunched-up rug near the entrance.
- Property Management Companies: Many owners hire management companies to handle day-to-day maintenance, repairs, and safety inspections. If a manager ignores repeated complaints about a broken stair or inadequate lighting, the company may share liability.
- Maintenance Contractors: Cleaning crews, landscapers, and repair companies can create hazards while working. A contractor may be liable for mopping a floor without posting a warning sign, leaving cords across a walkway, or performing a repair that leaves an uneven surface.
- Product Manufacturers: Sometimes a defective product causes or contributes to a fall. The manufacturer of a faulty handrail, a floor mat that slides out from under you, or a floor coating that becomes dangerously slick when wet may share liability with the property owner.
How Do You Prove Someone Is Legally Responsible for a Texas Slip and Fall?
To be held liable in a slip and fall claim, the defendant’s negligence must have caused the accident. Negligence is based on four elements:
- The defendant owed you a duty of care.
- The defendant failed to meet their duty of care.
- That failure caused your fall and injuries.
- You suffered damages in the accident, such as medical bills or lost wages.
Imagine you slip on spilled juice in a grocery aisle and break your wrist. As a customer, you were an invitee owed reasonable care. Security footage shows the spill sat untouched for 40 minutes, meaning employees should have reasonably discovered it and failed to clean it up. Your medical records link the fall to the fracture, while bills and missed paychecks establish your damages.
Not Sure Who’s to Blame for Your Fall? Let’s Find Out Together
Identifying who was responsible for a slip and fall injury can be complex. At De La Garza Law Firm, we take on that work so you can focus on healing. We will investigate how your fall happened, identify everyone who may share fault, and pursue the full compensation you deserve. Schedule a free case review to learn what options are available to you.
