Houston Slip and Fall Lawyer

In Texas, it is possible to hold negligent property owners accountable for slip and fall accidents. In other words, you may be able to bring a personal injury claim or premises liability lawsuit against the property owner if you can prove several important elements.

To hold a property owner liable for your damages after a slip, trip, and fall accident, you must prove the following elements: 

• Duty of Care: First and foremost, you must prove that the property owner owed you a duty of care. According to Texas premises liability law, property owners owe varying duties of care to different types of visitors. Invitees and licensees, or individuals who are legally allowed to enter the property, are owed the highest duty of care. When it comes to trespassers, or those who are not legally allowed to enter the property, the only duty of care owed by property owners is to refrain from causing willful or wanton injury or harm.
• Breach: Next, you must prove that the property owner breached the duty of care. Typically, this entails proving that there was a dangerous condition that the property owner knew about or reasonably should have known about but failed to take appropriate/adequate steps to remove, repair, or warn others of. For example, if a property owner failed to install proper handrails on a stairwell and a person slipped and fell down those stairs, this could be considered a breach of the duty of care.
• Injuries and Damages: You must also prove that you were injured and/or suffered measurable damages while lawfully on the property. In premises liability cases, damages can be both economic and non-economic in nature and may include things like medical expenses, lost wages, and pain and suffering. However, if you slipped and fell but were not injured and/or did not suffer any measurable damages, you do not have a case.
• Causation: Lastly, you will need to prove that the presence of the dangerous condition was the proximate or direct cause of your injuries and/or damages. In other words, you must prove that, had the property owner adequately repaired, removed, or warned of the dangerous condition, you would not have been injured. You may also need to prove that you were not acting negligently and that the dangerous condition was not open and obvious, meaning you could have reasonably avoided it, to file a claim.

At Payne Law Firm, our slip and fall lawyers in Houston have extensive experience navigating the legal process on behalf of injured victims and the loved ones of those wrongfully killed. We have helped victims of all types of slip, trip, and fall accidents, including those occurring on public and private property, as well as government-controlled land. We have fought for those injured after slipping on wet floors or tripping on fallen merchandise, individuals who fell to lower levels or were injured in structural collapses, and many other complex and challenging situations.