Texas Slip and Fall Injury Liability

Slip and fall accidents can cause life-altering injuries, and they are far more common than most people realize. The National Floor Safety Institute (NFSI) reports that slip and fall accidents account for over 1 million hospital emergency room visits a year. Property owners in Texas are responsible for keeping their premises safe for guests, visitors, employees, and others who enter the property. They may be held liable for resulting injuries when they fail to do so. 

What Are the Causes of Slip and Fall Accidents?

Unsafe conditions can lead to slip and fall accidents on all property types, including restaurants, supermarkets, hotels, motels, nightclubs, shopping malls, and private residences. The following are common causes of slip and fall accidents in San Antonio:

  • Wet or slippery floors: Recently mopped floors, spills, and rain puddles in entryways can make walkways slippery and hazardous.
  • Uneven surfaces: Uneven flooring, broken or cracked sidewalks, and potholes can lead to trip or slip and fall accidents.
  • Loose rugs, carpeting, or flooring: Loose tiles, torn carpeting, and loose rugs can cause visitors to lose their footing and fall.
  • Unsafe stairways: Staircases with uneven steps, broken handrails, poor lighting, or an accumulation of clutter can lead to dangerous falls.
  • Obstacles in walkways: Cables, boxes, merchandise, and other items can create tripping hazards in walkways.
  • Poor lighting: Inadequate lighting in parking lots, stairwells, or hallways can make it difficult to see hazards, increasing the risk of a trip or slip and fall accident. 
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What Types of Injuries Can a Slip and Fall Cause?

Slip and fall accidents can cause severe or fatal injuries. As stated by the National Safety Council, falls are the second leading cause of unintentional injury death in the U.S. Slip and fall accidents can cause a range of serious injuries, including the following:

  • Bone fractures: Falls can cause broken bones in the legs, arms, or wrists, and hip fractures, particularly in older adults.
  • Head injuries: Falls are the most common cause of traumatic brain injury (TBI), as reported by the Mayo Clinic. Concussion and TBI can result from hitting the head on a hard surface in a fall.
  • Spinal cord injuries: A sudden, traumatic blow to the spine in a fall can fracture, dislocate, crush, or compress vertebrae, leading to spinal cord injury.
  • Soft tissue injuries: Torn ligaments, sprains, and strains sustained in slip and fall accidents can limit mobility and cause significant pain.

What Must Be Proven in a Slip and Fall Claim?

To prevail in a slip and fall accident case, you must prove the property owner was negligent by establishing the following elements:

  • The property owner knew or should have known about the hazard.
  • The property owner failed to take reasonable steps to fix the hazard or warn visitors. 
  • The hazardous conditions on the property directly caused your injuries. 

What Is Modified Comparative Negligence?

Texas follows a modified comparative negligence rule for determining fault and liability. Each party is assigned a percentage of fault for an incident. If you are found to be more than 50% responsible, you cannot recover from your injuries. If your assigned share of fault is 50% or less, you may seek compensation from responsible parties, but your percentage of fault will reduce it.

For example, if you are awarded $100,000 in damages and found to be 10% at fault, your compensation will be reduced to $90,000. If you or your loved one has been hurt in a slip and fall accident, contact Scheuerman Law Firm. Our experienced San Antonio attorneys are board-certified in personal injury. Our firm offers bilingual services. We are committed to direct communication, personalized care, and client success. 

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Board Certified - Texas Board of Legal Specialization
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AV Preeminent 2016 award
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