Many people believe that just because they were injured on someone else’s property, the owner of the property is liable for their injuries.
However, that is not always the case in Texas. The liability of the property owner when someone falls and is injured on their property depends on what caused the victim to fall and what the property owner knew at the time of the incident.
If there is a hazardous condition on the property that the owner was aware of, then the owner may be responsible when someone else is injured as a result. Liability is determined by express or implied knowledge and inaction.
What Need to Be Proven in a Property Owner Liability Case?
The liability of the property owner, or premises liability, is established when the plaintiff shows that:
- there was an unreasonably dangerous condition
- the owner was aware of the condition before the accident
- the victim was unaware of the dangerous condition
- the property owner fails to warn the victim of the dangerous condition or repair the condition, and
- the victim sustained injuries due to the dangerous condition.
What Constitutes an Unreasonably Dangerous Condition?
Anything that poses a potential risk to those invited onto the property by the owner can be an unreasonably dangerous condition. It is considered ‘unreasonable’ when the owner knows or should have known that a condition exists and poses a risk to others when the owner chooses to allow it to remain on the property despite knowledge of the condition.
Cracks in the Sidewalk
The liability of a property owner for defects in the sidewalk depends on who has control. Does the city own it or the business owner? If the city has a sidewalk easement, the city has extra protections under the doctrine of Sovereign Immunity.
Slip and Trip Hazards in Stores and Businesses
Stores and business owe a special duty to potential customers. They are considered invited guests because the store opens its doors to the public and invites them inside, but this does not mean that they are responsible for ensuring the safety of patrons. The difficulty in these types of cases is establishing that the store had knowledge of the condition or that the condition was present long enough that they should have known of it. If you are unable to prove this, your case will likely be unsuccessful.
Large companies are aware of these challenges in proving slip and fall cases, so they set up practices and procedures in order to limit their liability. Video footage showing the source of the hazardous condition is not preserved without a specific legal request. That means if you slip and fall at a store owned by a large company, it is advised to consult with a qualified Houston personal injury attorney early on.
Due to the fact that liability is based upon the property owner being aware of a hazardous condition that the customer is unaware of, it is a common defense to show that the condition was ‘open and obvious’ and that the victim should have seen it. This defense is not absolute, but it can reduce or even eliminate liability when the jury compares the negligence of the injured party to that of the property owner.
What If the Fall Was Caught on Camera?
Video of a fall is helpful in understanding how it happened. However, it is not exactly a ‘smoking gun’ as far as evidence is concerned.
If you have video footage that goes back far enough, in some cases, you may be able to determine how long a hazardous condition was present before the fall took place. A prominent question for the jury in these types of cases is whether the property owner should have discovered and repaired the issue within that time. If the video shows that the condition started through no action of the property owner and occurred only a short time before the fall, this can be strong evidence that the owner is not responsible.
In this way, video footage can make or break your case. Video footage may disappear if you do not take action to preserve it, and this is why it is critical that you consult with a slip and fall lawyer in Texas early on in your case.
Falls in Parking Lots
Sadly, people frequently encounter slip and fall hazards in parking lots. Speed bumps may be a tripping hazard at night if there is inadequate lighting or they were not painted and blended in with the road. Curbs and steps can also be potential trip hazards. These kinds of slip and fall cases are usually very fact-specific concerning liability. They tend to raise certain defenses, such as the condition is ‘open and obvious’ in these cases.
Closing Thoughts
In conclusion, Texas landowners are not automatically liable because someone fell down and was injured on their property. The injured victim has the burden to prove that an unreasonably dangerous condition was present, the owner knew or should have known, and the owner failed to act. These elements must be established, whether it is a slip and fall or just a fall. In other cases, the property owner is not liable under Texas law.
Houston Slip and Fall Attorneys
Each year, falls are responsible for over eight million hospital visits in the United States. Fractures are the most severe consequences of serious falls and are involved in an estimated 5% of falls. Nearly half of all accident deaths occurring in the home involve falls.
If you or a loved one has been injured in a fall, you need to consult with one of our qualified Texas personal injury lawyers today. At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, we provide aggressive legal representation to those injured in personal injury accidents. We can advise you on how to seek compensation for your damages, including medical expenses, lost wages, and pain and suffering.
If you or a loved one has been injured in an accident, contact our offices immediately at 713-840-7200 to see what we can do for you.
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