Determining Fault in Slip and Fall Accidents in Texas
1. Premises Liability in Texas
In Texas, property owners and occupiers have a legal duty to maintain safe premises and warn visitors of any hazards that could cause harm. This means that the property owner or building manager is the liable party. However, this extends to both guests and certain trespassers under specific circumstances. When someone is injured in a slip-and-fall accident on someone else’s property, the concept of premises liability comes into play. Especially when a property owner knows about a hazard on the property and fails to complete steps to fix it.
2. Identifying Negligence
Negligence occurs when a property owner or occupier fails to exercise reasonable care in maintaining their premises, leading to foreseeable harm. Common examples of negligence in slip and fall accidents include failure to clean up spills promptly, inadequate lighting in dimly lit areas, or uneven flooring or sidewalks. Demonstrating that the property owner knew or should have known about the dangerous condition and failed to take appropriate action is crucial in establishing liability.
3. Comparative Fault Laws
Texas follows a modified comparative fault system, which means that fault can be shared between the injured party and the property owner. Under this system, a slip-and-fall victim can still recover damages even if they were partially responsible for the accident. However, the amount of compensation awarded is reduced by the percentage of fault attributed to the victim. For example, if a court determines that the victim was 20% at fault for not paying attention to warning signs, their compensation will be reduced by 20%.
4. Seeking Legal Guidance
Navigating the legal complexities of slip and fall accidents in Texas can be challenging, especially when dealing with determining fault and pursuing compensation. Consulting with a knowledgeable slip-and-fall lawyer is essential for understanding your rights and legal options. At Reynolds and Reynolds, we are experienced slip-and-fall attorneys near you. We are committed to you. We will work diligently to assess the circumstances of your case, gather evidence, and advocate on your behalf to seek fair compensation for your injuries and damages.
5. Pursuing Slip and Fall Settlements
In many slip-and-fall cases, parties may opt for settlement negotiations rather than proceeding to trial. Settlements can offer a quicker resolution and avoid the uncertainties and expenses associated with litigation. However, negotiating fair settlements requires skilled negotiation tactics and a thorough understanding of the legal principles involved. A qualified slip-and-fall lawyer can represent your interests during settlement negotiations and work to secure a favorable outcome on your behalf.
Contact the professionals at Reynolds and Reynolds as your dedicated legal team. If you are injured due to a slip and fall accident, we will fight for you. Our expert attorneys in Frisco are here to help you receive the settlement you deserve. Contact us for a free consultation here or call (972) 684-5011 to speak with a local attorney today. Also, don’t forget to follow us on Facebook for more information.