Slip & Fall Accident Attorney in New Braunfels, Texas

When you have been involved in a slip and fall accident you may be entitled to fair compensation. Injuring yourself on someone else’s property, medical bills, and other damages can cause stress. Slip and fall accidents can lead to various injuries from minor sprains to traumatic brain injury. Complicating the situation is the fact that medical bills can get very expensive, very quickly.

Working with someone who understands slip and fall accidents and the laws that govern them in the State of Texas is important if you want to move forward with your case. The Law Office of Marco Sanchez, P.C. can help you explore your options so you know the best way to move forward.

Located in New Braunfels, Texas, I proudly serve clients throughout Texas including those in Dallas, Hays County, Comal County, Collin County, and Bexar County.

Premises Liability in Texas

In Texas, property owners are required to take certain measures to make sure that their property is safe for those visiting. When proper safety requirements are not met, the property owner may be held liable for any injuries that occur. This is referred to as “premises liability.”

Premises liability can range from slip and fall accidents to swimming pool accidents. The person who has suffered a personal injury on someone’s property is known as the plaintiff, and for premises liability to apply they must prove three elements:

• The property owner had a duty of care, to inform the plaintiff of dangerous conditions.

• The property owner failed to act upon that duty owed to the plaintiff.

• Injury and/or damages occurred due to that breach of duty.

Property owners are generally only held liable for visitors who are:

• Licensees (given consent by the property owner)

• Invitees (the owner knows and consents to their entering the property for their mutual benefits—such as a shopper)

Individuals who are trespassing, don’t have the right to a premises liability claim.

In Texas, the time limit or statute of limitations to file a personal injury claim is set at two years from the time the injury occurred.

Proving Fault

First, it’s important to identify the property owner. An owner can be a homeowner, a business owner, or a government entity.

Proving that a property owner was at fault in a slip and fall case requires showing that:

• The owner caused the condition that led to the fall

• The owner didn’t fix the condition

• Should have known it was dangerous by “reasonable” person standards

For example, if a spill occurred on the property owner’s floor and they failed to clean it up and/or use signs notifying visitors of the hazard, then they may be held liable should a slip and fall accident occur and cause injury.

Modified Comparative Negligence Rule in Texas

While a slip and fall can be the fault of the property owner, the victim themself may also be partly responsible for the accident. For example, they may have been walking on a part of the property not meant for visitors, they may not have been paying attention to where they were walking, they failed to heed the caution of the property owner, or they did not wear proper foot attire for the area.

In Texas, the modified comparative negligence rule stipulates that the plaintiff can be found partially at fault. The percentage of fault they are assigned is then subtracted from any monetary award they may be entitled to.

For example, if the damages of a case were held at $10,000, and you were found to be 30% at fault, then 30% would be deducted from the $10,000. This means you would only receive $7,000. Moreover, if you are found to be more than 50% at fault, then you would receive nothing at all.