Who Is Responsible for a Slip and Fall Accident?
Property owners and managers must keep their premises safe and free from hazards for all lawful visitors. Consequently, they are the ones who are liable in most slip-and-fall cases. However, other parties could also potentially be liable for your injuries, including:
- Commercial or residential tenants, if the slip-and-fall accident took place on a portion of the property within the tenant’s exclusive control
- Property management companies that are hired to manage a property on behalf of its owner
- Maintenance companies that are hired to perform upkeep, if carelessness on their behalf led to a hazardous condition that caused a slip-and-fall
When Are Property Owners Liable?
A property owner can only be held liable for a slip-and-fall if they negligently failed to take reasonable measures to prevent visitors from being injured on their premises.
You may be entitled to hold a property owner liable for injuries you suffered on their premises by first showing that you were there lawfully when the accident occurred. If you were trespassing, such as by visiting a portion of the property you were not authorized to enter, you would have a more challenging time holding a property or business owner liable for your injuries.
Next, you must show that the property owner either caused the property condition or hazard that led you to be injured, knew about it, or reasonably should have discovered it through due diligence. If they were aware of the condition, you must establish that they failed to repair or remove the hazard despite having sufficient opportunity to do so. You must also show that the property condition or hazard caused you to slip and fall.
Finally, you will need to establish that you incurred specific losses and expenses because of the injuries you suffered in the slip-and-fall. These may include medical bills, rehabilitation expenses, lost wages from time off work, pain, suffering, and other losses.
Compensation Available After a Slip and Fall Accident
At Law Offices of Troy A. Brookover, we can help you pursue compensation for slip-and-fall-related losses like:
- The cost of medical treatment and rehabilitation of your injuries
- Long-term care expenses that you may need if you suffered a permanent disability
- Lost income due to missed time from work
- Lost future earning ability and employment benefits if you cannot return to your job or any form of gainful employment
- Physical pain and anguish
- Reduced enjoyment and quality of life because of physical disabilities or permanent scarring and disfigurement
Statute of Limitations for Slip and Fall Cases in Texas
According to Texas Civil Practice and Remedies Code section 16.003, you have two years from the date of an accident. If you file a suit after this period has passed, the court will likely permanently dismiss your lawsuit, and you will lose your chance to hold the responsible party accountable.
If you’ve been injured in a slip-and-fall in San Antonio, time is of the essence. You should discuss your case with an attorney as soon as possible.
Common Places Where Slip and Fall Accidents Occur
Although a slip-and-fall accident can occur anywhere, they most frequently happen in places that see lots of foot traffic, such as:
- Supermarkets
- Bars, clubs, and restaurants
- Department and hardware stores
- Shopping centers
- Parking lots and garages
- Theaters
- Hotels
- Schools
- Hospitals and assisted living facilities
- Apartment buildings
- Office buildings
- Swimming pools
- Amusement parks
- Recreational parks
Common Causes of Slip and Fall Accidents
Slip-and-fall accidents are far more common than many people realize. According to the National Floor Safety Institute (NFSI), over 1 million emergency room visits happen annually because of these accidents.
Some of the most frequent causes of slip-and-fall accidents in San Antonio include:
- Food and liquid spills or leaks
- Recently mopped or waxed floors
- Uneven walking surfaces
- Loose floorboards or tiles
- Worn or torn carpeting or rugs
- Broken stairs or steps
- Abrupt transitions between flooring surfaces, such as from carpet to hardwood
- Puddles of water tracked in from a swimming pool or rainwater outside
- Mud, plant debris, moss, or algae on walking surfaces
- Wires or cords laid across the floor
- Broken or uneven pavement
