Injury Attorney in Texas

Personal Injury

Slip and Fall cases are relatives of Premises Liability cases; however, the Slip and Fall case always shows up at family reunions and is the life of the Christmas party. In other words, Mr. & Mrs. Slip and Fall are exponentially more conspicuous than their third cousin, once removed: Premises Liability.

The Rule: In Texas, you must show that the injuries incurred by a Slip and Fall were sustained as a result of the negligent act or failure to act on the property that the owner/proprietor/landlord permitted you to legally occupy. It usually involves a much easier standard of proof.

Reminder: Premises Liability is a form of ordinary negligence for injuries sustained by an individual as a result of a negligent condition of the property. This negligent “condition” can often be more difficult to prove than a theory based on negligent “activity.”

Referencing the supermarket example in our Premises Liability section: you, as the unsuspecting shopper, were suddenly overtaken by an avalanche of two-liter plastic bottles, rendering you immobile on the retailer’s floor. To recover, we would have to prove that the two-liter soda display was part of a negligent condition within the supermarket. Doable, but it would encompass a tedious fact-finding mission. However, if we prove the person who built the display did so in a negligent fashion, then we could file a claim Slip and Fall negligence claim for the activity associated with the display collapse.

Another example: an individual slips on a banana peel at the Farmer’s Market, falls on his keister, busts up his backside. Here, the Farmer’s Market allegedly failed to act by properly and timely inspecting the premises for potential hazards. It’s doubtful the banana peel lay on the floor long enough to be considered a “condition” of the Farmer's Market premises.

Slip and Fall cases are the most common form of premises liability. They can involve wet or slick floors, slick surfaces, cardboard, products and/or merchandise carelessly scattered around, remnants of renovation materials/supplies strewn about, and so forth. It can also involve failing to properly and timely clear conditions affected by inclement weather, such as snow blocking paths, ice buildup, etc.

In either case, the property owner/proprietor/landlord still owes you a legal duty of care, depending on your classification as an invitee or licensee. Once again, the trespasser has very limited legal rights associated with his/her presence on the property.

Not sure if your Slip and Fall claim is rooted in the negligent activity of a proprietor?  Give us a call.

Setterberg Law Office