Slips and falls are serious incidents which can lead to significant injuries and are usually the result of negligence on the part of the manager and ultimately the operator or owner of the property. If you or a loved one suffered serious injury as a result of slipping and falling or coming into contact with another hazard on the property of another person or business, you might be entitled to compensation.
If you were victimized and injured due to negligence or poor property maintenance, Attorney Joe Gagliardi is prepared to move forward with the filing of a lawsuit or the pursuit of a settlement. Don’t hesitate to call our office immediately if you have questions about your legal options and potential for monetary compensation.
The direct line to our law office is 713-224-6277 or, if you prefer, send us a confidential message via contact form.
Understanding Premise Liability Claims
An Overview of Slip, Trip, and Fall Injury Cases
Premise liability claims cover a plethora of potential incidents that might result in injury and physical harm to unsuspecting visitors. Whether the injury occurred on a residential or commercial property, winning in premise liability cases can be a challenge for even the best slip and fall lawyers due to the evidentiary requirements demanded by Texas civil courts.
Evidence in Premise Liability Claims
In Texas, the law requires plaintiffs to prove the owner or occupant of the premise knew of the dangerous conditions and had enough time to resolve the hazard or issue a warning, otherwise, the plaintiff might lose their case by summary judgment dismissal resulting in no recovery for the injured party.
However, in situations where poor design or dangerous conditions existed for a lengthy period of time, it’s easier to win premise liability lawsuits. A few perfect examples of dangerous conditions existing over a lengthy period of time could be loose flooring in bars, potholes on walkways, leaky plumbing, poorly trained employees, lax or no security, or any combination of such.
Below, we’ve outlined some situations where winning a premise liability claim can be least challenging due to the availability of evidence or long-term negligence which can be proven.
- Broken, loose, uneven, or poorly maintained flooring or walkways which are known or should be known to be a hazard which could cause a trip and fall accident.
- Leaking pipes that are known or should have been known to propagate wet surfaces which could lead to slip and fall accidents.
- If a bar, restaurant, or other establishment that serves alcohol served a patron too many drinks resulting in their intoxication which led to the death of another person via a car accident or other means, this is referred to as Dram Shop liability.
- Poorly maintained elevators, defective steps on stairways or loose hand railing in apartment complexes or commercial buildings which are known or should have been known to be the precursor of serious falls. Elevator doors with faulty door-open/close buttons have also been known to produce injuries.
- Bunched up rugs can also be hazard which can result in trip and fall accidents.
- Medical malpractice claims or situations where assaults, child abductions, or sex crimes occurred in hospitals due to lax or non-existent security, failure to follow safety guidelines, or poorly trained staff or contractors.
- Dog-bite injuries from a dog that wasn’t restrained on the property of the owner.
- Suffering injuries in a store caused by falling products or a slippery floor.
The owner or operator of the premise has a legal liability to ensure that visitors to the property aren’t subject to injury by dangerous conditions existing on said property.
Statute of Limitations
In the State of Texas there’s a two year statute of limitations to file a tort claim. In other words, the plaintiff has 2 years from the date of the injury to initiate tort claim litigation against the negligent owners or operators of the premise where the injury occurred.
Also worth noting, business owners or property occupants are required by law to conduct routine inspections of their property to ensure that hazards are found and safety issues are resolved, repaired, or have warning signs clearly posted or dangerous area cordoned off. Otherwise, unless you were trespassing on the property, you may have a strong basis for a legal claim.
Visitors & Eligible Claimants
Depending on how the visitor is defined under the law, different forms of compensation, if any, might be considered by the court hearing the case. For the purpose of premise liability litigation, Texas law classifies people who are or were present on a property into one of three distinct categories; a trespasser, licensee, or an invitee.
A good example of an invitee could be the customer to a store, a patron in bar, or any other person who enters an establishment at the expressed or implied consent of the operator of the premise whose visit benefits both parties. The highest level of protection is expected to be provided to invitees per law, and the owner/operator of the premise is legally expected to ensure a safe environment.
A licensee is a person who is licensed to enter an establishment that doesn’t necessarily have a business purpose that’s mutually beneficial. Meter readers at a home or business, mail carriers entering a business or a social guest in your home are great examples of persons who would be considered licensees. The burden on the owner is ensure that licensees are warned of dangers on their property, but aren’t obligated by law to repair hazards or perform safety inspections.
A trespasser is an individual who accesses a property without the permission or consent of the owner/occupant of the property. Property owners are under no obligation to give notice to unknown trespassers on their property. However, if extreme dangers exist that might lead to death or serious injury, the courts may, in some cases, consider the property owner negligent.
Looking for a Slip & Fall Trial Lawyer in Houston?
Call Attorney Joe Gagliardi Regarding Your Premise Liability Claim
The burden of proof in premise liability claims lies on the plaintiff as they must prove the occupant or operator of the property knew or should have known of the hazard. Seeking legal advice from a lawyer is the best option for people who believe they might have a valid premise liability claim.
Attorney Joe Gagliardi is an aggressive lawyer who fights hard for plaintiffs who were injured due to the negligence of a home or business owner. If you believe you have a valid slip & fall or other premise liability claim, reach out to our law office as soon as possible. Our phone number is 713-224-6277 or you can send us a confidential message via contact form.