03rd January 2023 Sophia Hogg
What Are the Elements of a Premises Defect in a Texas Slip and Fall Claim?
A slip-and-fall accident is often a frightening experience that leaves victims with painful injuries, medical bills, and a lengthy recovery process. It is essential for those who have been injured in a slip-and-fall accident to understand the elements of a premises defect in order to effectively pursue a claim for compensation in the state of Texas.
This guide will provide you with an overview of the elements of a premises defect in Texas slip-and-fall claims as well as important information about the statute of limitations and available arguments.
What Is a Premises Defect According to Texas Law?
A premises defect is any sort of hazardous condition that exists on someone’s property, which, if not corrected in a reasonable amount of time, may result in an injury to another person. These defects could include a broken handrail on steps, uneven or poorly maintained sidewalks or walkways, wet and slippery floors due to spills, and more.
As a general rule, in order to successfully bring a slip-and-fall claim in Texas, the claimant must prove that:
- A premises defect existed on the property of another person
- The property owner was aware or should have been aware of the defect
- The owner failed to take action to fix it or alert visitors against it
- As a result of their failure to act, the claimant suffered an injury
Bring your case to the attention of a skilled Texas slip-and-fall lawyer to learn more about the claim process and what your claim may be worth.
Elements of a Premises Defect in a Texas Slip-And-Fall Claim
There are several elements to consider when determining if a slip-and-fall case in Texas is based on a premises defect.
One element necessary for a successful premises defect claim is that the property owner had actual or constructive knowledge of the hazardous condition. This means either the property owner knew about the hazardous condition or should have known about it through reasonable inspection.
Another element is that the hazardous condition must create an unreasonable risk of harm—the hazard was more than a minor inconvenience and posed a real risk to visitors on the premises. Suffering an injury from the fall proves that the condition was hazardous enough to warrant a claim.
Failure to Repair
The third element necessary for a successful premises defect claim is that the property owner failed in their duty of care to remedy or warn of the hazardous condition. This means that the property owner did not take steps to remedy the hazard or give visitors adequate warning of it, such as posting a sign or roping off the area.
If you have suffered a personal injury in a slip-and-fall accident due to a premises defect in Texas, contact an experienced attorney right away.
Statute of Limitations of a Texas Slip-And-Fall Incident
As a general rule, the statute of limitations for filing a premises defect slip-and-fall claim in Texas is two years. This means you must file your lawsuit within two years of the date of the accident, or you may be barred from recovering damages.
While two years may sound like ample time, know that the legal process takes time to play out. Additionally, evidence of your claim may fade over time, as witnesses’ memories fade and security footage may be lost. Starting the claims process early on is essential to obtaining optimal compensation for your incident.
Contact Dale R. Rose PLLC for Experienced Slip-and-Fall Legal Counsel
When you suffer an injury due to a slip-and-fall accident, the key factor in determining whether or not you are entitled to compensation is proving that there was a premises defect. At Dale R. Rose, PLLC, we have extensive experience navigating the complexities of premises defect cases and will provide you with experienced legal counsel throughout your slip-and-fall case.
Reach out to us today at (972) 634-ROSE (7673), or fill out our contact form to schedule a free consultation. We will work hard to get you the best possible outcome, so don’t wait any longer to get the justice you deserve.
Dale R. Rose
Personal Injury Lawyer
If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.