Posted on February 8, 2010 by Bryan Fears

Proving fault in a slip and fall case

“Slip and fall” is a term used to describe a personal injury case in which the person slipped, tripped or fell on someone else’s property and was injured as a result. Slip and fall cases are one type of claim that falls under the broader category of premises liability.

Property owners have a legal duty to exercise a reasonable level of care in maintaining a safe premises in order to prevent injury to visitors.

Therefore, a property owner has a duty to make reasonable inspections of their property and, if a dangerous condition is detected, to either repair it or provide adequate warning of the condition.

When a property owner fails to use reasonable care in managing and maintaining their property and someone on their property is injured as a result, the property owner can be held liable.

Whether or not the property owner will be held liable depends on whether your can prove that the property owner was at fault. In order to bring a successful slip and fall claim, you must be able to prove one of the following:

  1. The property owner created the dangerous condition.
  2. The property owner knew about the dangerous condition and failed to correct it.
  3. The property owner should have known about the dangerous condition because a reasonable person would have discovered and corrected it.

Keep in mind that the court will also consider whether the injured person’s own carelessness contributed to the accident. In Texas, the rule of comparative negligence applies to slip and fall cases. As a guest on someone else’s property you have a responsibility to exercise reasonable caution and avoid open and obvious dangers.

If you have been injured on someone else’s property and believe that you may have a slip and fall claim, you should seek the immediate advice of a personal injury attorney. A personal injury lawyer will be able to evaluate the facts of your case and determine whether you have a valid slip and fall claim.

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Posted on December 22, 2009 by Bryan Fears

Plaintiff status in Texas premises liability law

In Texas, as in most states, the duty of care a landowner owes to a person on their property depends on that person’s status. Your status is the circumstances under which you entered the premises, and this status can affect your ability to bring a successful premises liability claim.

In terms of their relationship to the landowner, a person is placed into one of three categories: invitee, licensee or trespasser. The amount of care the landowner owes you depends on how you are categorized.

Invitee: An invitee is someone who entered the premises with the owner’s knowledge and for the mutual benefit of both parties (a commercial or business purpose). An example of an invitee is a customer in a store.

Invitees are owed the most stringent duty of care. A landowner must protect an invitee from both the dangerous conditions of which the owner is aware as well as the dangers which the owner should have been aware of after reasonable inspection.

Licensee: A licensee is someone who entered the premises for their own benefit, pleasure or convenience with the owner’s permission. An example of a licensee is a dinner guest.

A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware.

Trespasser: A trespasser is someone who entered the premises without a lawful right or permission to do so. An example of a trespasser is a vandal.

Typically, a landowner owes only a minimal duty of care to a trespasser, which is the duty not to injure them willfully or intentionally. There are limited exceptions to the general no duty of care rule related to artificial conditions that are highly dangerous to children.

If you have been injured on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal advice. To speak with one of our experienced Texas personal injury attorneys, email us or phone us toll free at 1.866.705.7584.

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Posted on October 25, 2009 by Bryan Fears

Premises liability: Inadequate security

If you were injured on someone else’s property, the owner of that property may be liable for your damages. Certain circumstances give away to what is known as a “premise liability” lawsuit, which is one basis for a Texas personal injury lawsuit.

One type of premises liability lawsuit arises when inadequate security contributes to a person being the victim of some type of criminal act. Such criminal acts can include robbery, car theft, assault, kidnapping, rape or even murder.

Many inadequate security claims arise from attacks perpetrated in shopping centers, hotels or apartment complexes. When you are on one of these types of properties, you have a reasonable expectation of security and safety – which means the owner of the property owes you a duty to take reasonable steps to maintain a safe and secure environment.

Factors that can contribute to inadequate security include:

  • Lack of trained security staff on the premises
  • Poor lighting in parking lots or parking garages
  • Inadequate security systems within a building
  • Overgrown trees
  • Lack of security cameras

If you have been the victim of a criminal act on a premises with inadequate security, contact Fears | Nachawati today for free legal advice about a potential premises liability lawsuit. You will receive a no charge legal consultation from one of our Texas personal injury lawyers. You canemail us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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