When Is a Property Owner Liable for Slip and Fall Injuries?

LAW BLOG  •

August 27, 2015

If you or someone you know has been injured in a slip and fall accident , you may be able to hold the property owner responsible in a slip and fall claim. After an incident at someone’s home or a business location, you may not understand whether you have the right to pursue legal action against the party responsible for your injury. Premises liability rules in Texas can further complicate the process. Here is what you need to know about whether you can hold a property owner accountable in a slip and fall case.

Elements of Proving Premises Liability

There are 4 essential conditions that must be met to prove a property owner is at fault for injury:

  1. There was a hazardous condition on the property that presented an unreasonable risk of injury;
  1. The property owner knew or should have known about the condition;
  1. The property owner failed to provide a reasonable duty of care on his or her property by failing to warn guests or address the condition;
  1. The property owner’s failure (negligence) caused injury.

Determining the Duty of Care That a Property Owner Owes You

Although the four essential elements of a case seem straightforward, who you (the injured) are in relation to the property owner will make a difference in how the case is evaluated in Texas courts. Texas recognizes three different types of guests, in order from the highest duty owed to the lowest:

  1. A property owner has a significant duty to protect invitees by warning them of hazardous conditions or addressing the condition. Consumers at an establishment, employees, and plumbers are all considered invitees (i.e., those who are openly welcome to the premises for the mutual benefit of the property owner and guest).
    In cases with an invitee, property owners are responsible for every condition that he or she reasonably could have discovered with regular maintenance and inspections. The hazard must have also presented an unreasonable risk to safety. For instance, an icy bridge is a reasonable risk on roadways, whereas a board sticking up through the bridge could be considered unreasonable.
  1. A licensee is someone who goes to the property for personal benefit. Social guests and sales representatives are most commonly classified as licensees. The property owner has an obligation to warn licensees of hazardous conditions or address the condition and make it safe.
    Licensees must prove a property owner had knowledge of the condition to support a case. Property owners are not obligated to warn or change conditions unless they knew about the unreasonably hazardous condition beforehand.
  1. Trespassers enter someone else’s property without permission or legal right. Property owners have minimal obligation to protect these individuals. The owner must not intentionally harm the trespasser directly or through an act of gross negligence. The standard of gross negligence is very difficult to prove in court for trespassing cases.

Pursuing a Case against a Property Owner

Whether you were injured in a store or at someone’s home, you may be able to pursue legal action against the property owner. Usually, this is only possible if he or she failed to provide a reasonable duty of care, and every case is unique. A slippery surface could be considered reasonable or unreasonable based on the surrounding conditions like weather, type of property, and location.

Contact an attorney if you have difficulty obtaining insurance coverage from a property owner after being injured away from your home. A slip and fall case may be your only way to prove liability and secure the compensation you deserve to cover the costs of the injury.

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