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When does someone have legal rights after a Texas slip-and-fall?

On Behalf of | Jan 23, 2024 | Slip & Fall

People may fall in businesses they patronize, at their place of employment and in their own homes. Usually, those falls are minor, but sometimes they can lead to severe injuries. Even same-level falls can potentially lead to serious injuries and significant financial losses.

A slip-and-fall incident could break bones or even leave someone with a traumatic brain injury (TBI). People may require time away from work while they heal or may need to change jobs because of their injuries. Serious slip-and-fall incidents can saddle people with thousands of dollars in medical expenses and even more in lost wages.

Occasionally, the people who get hurt because they fall in a public space have the option of pursuing a premises liability lawsuit against the business or property owner. A successful premises liability claim could lead to compensation for medical expenses, property damage losses and lost income. When could a slip-and-fall potentially justify a lawsuit?

When negligence caused the incident

The vast majority of slip-and-fall claims in Texas involve allegations of negligence. Negligence entails doing something others would agree is obviously unsafe or failing to do what other people recognize as crucial for safety. Business negligence can take on many different forms. Slip-and-falls might result from negligent facility maintenance, such as failing to repair a leak in the roof or a refrigeration unit that seems to consistently defrost and cause puddling on the floor.

The negligence might relate to shorter-term maintenance issues, such as addressing spills and weather-related puddles when they occur. Understaffing could also be an example of business negligence. When companies don’t have enough workers to keep the facilities clean and perform other job tasks, maintenance that could be crucial to visitor safety may not receive the attention it deserves.

Provided that there were clear maintenance or safety issues that led to someone falling, they may have grounds for a premises liability lawsuit. They typically also need proof that the incident led to financial losses, such as medical bills or lost income. When successful, such lawsuits can reduce the impact a slip-and-fall has on an individual while creating consequences for a negligent business.