If you have slipped and fallen while shopping, visiting a friend or just walking around town, you can file a premises liability claim to recover injuries and damages. In Texas, you have two years from the date of your accident to file your claim.
How can I prove my claim?
A property owner has a responsibility to all lawful guests to use reasonable care to make sure their property is safe for all guests. If you were injured on a property owned by someone else, you must prove that the owner failed to act as a reasonable property owner would have acted when maintaining the property.
To prove your claim, you must show:
- You were not trespassing on the property.
- The property owner of the property knew or should have known of a dangerous condition on the property.
- The property owner failed to take action to fix or warn of the dangerous condition.
- The dangerous condition on the property caused you to slip and fall.
- You suffered injuries due to the slip-and-fall accident.
A police report or accident report filed with the property, witness testimony, testimony from medical experts regarding your injuries and photos/videos from the scene of the accident can all help build your case.
Can I recover damages if I am partially responsible for my own accident?
The property owner will attempt to establish that your own negligent behavior caused your fall. If you ignored warning signs, failed to watch where you were going, or tripped over your own clothing/shoes, the property owner may not be fully liable for your accident.
In a modified comparative negligence state like Texas, you can recover damages for your accident as long as you are less than 50% at fault. However, your damages will be reduced according to the percentage of fault attributed to you. If a jury awards you $100,000, you will only recover $70,000 if you are found to be 30% at fault.
If you are filing a premises liability claim against a property owner, a personal injury attorney can help you collect and present the evidence you need to potentially win your case.