Who is Liable for a Sidewalk Slip and Fall in Texas?

According to the National Floor Safety Institute, 55% of all slip-and-fall accidents are caused by hazardous walking surfaces. Property owners in Texas are responsible for keeping their land, homes, stores, restaurants, and other properties reasonably safe for guests, tenants, and visitors to use. Can they be held liable for a sidewalk slip-and-fall accident?

Falls on sidewalks are often caused by cracks in the sidewalk, uneven pavement, inclement weather conditions that have made the sidewalk hazardous, and even the failure to construct the sidewalk in a slip-resistant manner. Other causes of slip-and-fall accidents are the result of:

• Broken sidewalks
• Raised or uneven sidewalk flags
• Objects or debris left on the sidewalk
• Dangerously sloped sidewalks
• Holes or cracks in sidewalks
• The roots of trees which can make the sidewalk surface uneven or cracked
• Ice or snow on sidewalks

Negligence is often the root cause of any slip-and-fall accident. If this is the case, accident victims may be able to pursue financial compensation against the person responsible for their injuries.

Attorney Dale R. Rose has years of experience handling all manner of personal injury cases. Dale is a passionate and fierce advocate for accident victims and will pursue all avenues to reach a favorable outcome.

Common Types of Slip-And-Fall Injuries

When a sidewalk is unmaintained, it poses a significant threat to the neighborhood residents and any passing pedestrians as well. If a walkway is damaged or slippery due to the weather, it can cause a slip-and-fall accident resulting in injuries, such as:

• Bruises, cuts, or lacerations
• Strained muscles or severe sprains
• Broken or fractured bones
• Concussion or traumatic brain injury
• Wrongful death

People who suffer severe injuries after slipping and falling on a sidewalk face significant economic hardships. They are forced to miss work for an extended period or permanently and spend hundreds of thousands of dollars on medical bills.

An experienced personal injury lawyer can ensure you are compensated for any lost wages, medical expenses, and pain and suffering you had to endure due to the slip-and-fall accident.

What Should You Do After Suffering a Slip-And-Fall Accident?

Here are a few steps that you should take after the events of your slip-and-fall accident:

1. Get medical attention. It is essential to procure medical attention and obtain, in writing, documentation of how injuries were initially caused by the fall. Working with an experienced personal injury lawyer can help you obtain these records.
2. Document how and when the injury occurred while the incident is still fresh.
3. Identify any witnesses. Write down the name, address, and phone number of anyone in the area where the accident occurred. Focus on both those who saw you fall and others who were there after the accident. You may need them as witnesses in your injury case.
4. File an accident report. File a slip-and-fall accident report or notify a manager if the accident occurred in a store or place of business. Ask for a copy of the report.
5. Take pictures of the accident scene. It is nearly impossible to pursue a slip-and-fall case without having photos of what caused you to fall.

Most accident victims mistakenly put their trust in the insurance company to help cover the costs of their injuries. Insurance representatives are trained to talk to unsuspecting accident victims and gather evidence to allow them to deny claims. Be cautious when talking to any insurance representative.

It is best to speak with an attorney first before speaking to the insurance company.  Never give a “recorded statement.” Contact a fall accident lawyer experienced in premises accidents in Texas.

Understanding Liability After a Texas Slip-And-Fall

Property owners can be held liable if you slip and fall on their premises, including parking lots, garages, sidewalks, escalators, and stairs. Just because you suffered a fall due to a neglected sidewalk does not guarantee you will successfully bring a lawsuit against the responsible parties. According to Texas law, the accident victim must prove that the person or organization responsible for the sidewalk should have known or already knew about the hazards posed by the sidewalk.

To successfully win a slip-and-fall personal injury case, you must at least prove the following:

1. The defendant is liable because they had a duty of care and were negligent in performing their duty of care.
2. The defendant was negligent because they breached that duty and the plaintiff was harmed.
3. Responsibility or fault: Breach of duty, or negligence on the defendant’s part, was a significant factor in causing the plaintiff’s injuries.

If you slip, fall, and are injured in someone’s backyard, you might have a case for seeking compensation from the property owner or homeowner. In cases like these, the investigation alone that is required to prove the responsible party’s liability is enormous. You need an experienced McKinney personal injury lawyer by your side.

Texas Comparative Negligence Laws in Fall Accidents

In Texas, the concept of comparative negligence plays a significant role in personal injury claims, including those arising from slip-and-fall accidents.

Understanding how comparative negligence works is crucial for anyone who has been injured in such incidents, as it directly impacts the ability to recover compensation and the amount that can be awarded.

What Is Comparative Negligence?

Comparative negligence, also known as proportionate responsibility in Texas law, is a legal doctrine used to allocate fault among parties involved in an accident. It recognizes that more than one party can be at fault in an incident and adjusts the compensation accordingly.

In essence, it allows for the injured party’s own negligence in contributing to their injury to be measured and factored into any compensatory awards.

How Does Comparative Negligence Affect a Slip-And-Fall Claim in Texas?

Under Texas law, if you are injured in a slip-and-fall accident, your compensation can be reduced by your percentage of fault.

For example, if it is determined that you were 20% responsible for the accident (perhaps due to not paying attention to clearly marked warnings), and the property owner was 80% at fault, any compensation you are awarded will be reduced by your share of the fault (20% in this case).

However, there is an important threshold to keep in mind: the 51% bar. Texas follows a modified comparative fault rule, meaning you are barred from recovering any compensation if you are found to be 51% or more at fault for the accident. Simply put, you must be less at fault than the other party (or parties) to recover damages.

Determining Fault and Navigating Comparative Negligence

Fault determination is a complex process that involves gathering and analyzing evidence, including eyewitness testimony, surveillance footage, accident reports, and more.

This evidence is used to build a clear picture of the events leading up to the accident and to establish the negligence of the involved parties.

Navigating the intricacies of comparative negligence requires a nuanced understanding of Texas personal injury law. As such, individuals involved in slip-and-fall accidents are strongly encouraged to seek the guidance of an experienced personal injury attorney. A skilled lawyer can help you navigate the legal process, advocate on your behalf, and work tirelessly to ensure that the calculation of fault is fair and accurate, maximizing your potential compensation.

Given the complexities of comparative negligence and its significant impact on your ability to secure fair compensation, having an experienced personal injury lawyer by your side is invaluable. A dedicated attorney can provide the focused knowledge needed to argue your case effectively, counterclaims of shared fault, and negotiate with insurance companies, all while ensuring your rights are protected throughout the process.

Reach out to a knowledgeable personal injury lawyer today to discuss your case and explore your legal options. Together, we can work towards holding the responsible parties accountable and securing the support you need to recover and move forward.

Speak to a Knowledgeable McKinney Personal Injury Lawyer Today

At Dale R. Rose, we will handle all legal aspects of your case, secure evidence, and communicate with the insurance company. We can help you bridge the gap between medical costs, lost wages, and injury settlement. Dale R. Rose has over 26 years of experience representing people who have been injured. He will aggressively pursue maximum compensation for you while compassionately helping you manage the hardships of injury due to a slip-and-fall accident.

Dale R. Rose will help you make informed decisions and always be attentive to your legal needs while securing the compensation you deserve. He will handle your slip-and-fall case on a contingency fee basis, which means you pay no attorneys’ fees unless he achieves a favorable outcome in your case.

Call us at (972) 634-ROSE (7673) or contact us online to schedule a no-cost, no-obligation consultation today!