Texas winters might be milder than in other states, but they still come with risks like icy sidewalks and slippery surfaces. These conditions can lead to slip-and-fall accidents, which often cause serious injuries to you and your loved ones. If you have been hurt on someone else’s property, the property owner, tenant, or manager may be responsible under premises liability laws. Read on to learn how responsibility is determined in these cases.
Determine If a Duty of Care Was Owed
The property owner’s duty of care depends on why someone is on their property. If you are an invitee, like a customer or client, the owner owes you the highest level of care and must take reasonable steps to ensure your safety. If you are a licensee, such as a social guest or friend, the owner still must warn you of any known dangers.
In case someone is trespassing, the owner’s duty is relatively lower. They are only required not to intentionally harm the trespasser and are generally not liable for injuries. However, when there is an attractive nuisance, like a swimming pool, the owner could be held liable for injuries sustained by children who trespass onto their property.
Evaluate Knowledge of the Hazard
One can hold the property owner accountable by proving that they knew, or should have known, about the hazard that caused the slip-and-fall accident. For instance, if ice or water buildup was ignored for a certain period, that could indicate negligence on the part of the owner.
Property owners are expected to monitor weather conditions and take action to reduce risks. However, if the danger was sudden or unpredictable, it may be harder to prove negligence if the owner didn’t have time to address the issue. Courts often consider how long the hazard existed when deciding if the owner acted responsibly.
Assess Reasonable Actions of the Owner
Property owners are expected to take reasonable steps to prevent injuries, such as salting icy walkways, putting up warning signs, or blocking off dangerous areas. Ignoring or delaying these actions can indicate negligence, as it shows the owner failed to diligently do their part to prevent harm.
Reasonable care doesn’t mean eliminating all risks, but it does mean responding promptly and appropriately to potential hazards. If an owner ignores obvious dangers or fails to act after a complaint, it could be a clear sign of negligence, meaning the owner can be held accountable for the injuries you sustained.
Determine Contributory Negligence
Texas follows a “modified comparative fault” system, meaning responsibility for an accident can be shared between the injured person and the property owner. For example, if someone wasn’t wearing proper footwear or ignored warning signs, it might reduce their ability to recover compensation.
If your share of negligence exceeds 50%, you may not be able to recover any damages. Courts review the actions of everyone involved to determine how responsibility should be split based on the facts of the case. If you are injured on someone else’s property, it’s important to consult an accident attorney, such as those at Mizani Law Firm, LLC, for proper legal guidance.
Identify Patterns of Negligence
Recurring safety problems on a property can be a clear sign of negligence. Ongoing issues like icy walkways or broken stairs suggest that the property owner has failed to take necessary steps to ensure safety. These repeated hazards show a lack of proper attention to conditions that could lead to accidents.
Records of past incidents or prior complaints are valuable in building your case, as these demonstrate a pattern of neglect. Such evidence highlights the property owner’s responsibility to address hazards and prevent accidents, strengthening your claim for compensation against the owner.
Slip-and-fall accidents during Texas winters can cause serious physical and financial challenges. Determining who’s at fault is essential for you to secure justice and fair compensation. At Mizani Law Firm, LLC, our experienced accident attorneys are here to uncover the facts, hold negligent parties accountable, and guide you through the process. Contact us today to schedule a consultation and take the first step in protecting your rights.