Landowners in and around Buda have an obligation under the law to protect people who enter their property. However, an injury that occurs on someone’s land due to a slip and fall does not mean the property owner is automatically responsible. State law says that landowners must only provide protection against foreseeable harm to visitors with expressed or implied permission to be on the premises.
Additionally, the injured person’s reasons for entering the premises can also impact the extent to which the property owner must protect them from harm. These complex legal issues can prevent many slip and fall victims from pursuing their cases for their true value.
A Buda slip and fall lawyer is dedicated to helping you pursue the compensation you deserve. A personal injury attorney could help evaluate your legal rights leading up to a fall, determine how the event has impacted your life, and demand that irresponsible landowners and their insurance companies provide appropriate compensation.
Landowners’ Obligations to Protect Visitors
Slip and fall accidents may give rise to premises liability cases that allege a landowner’s failure to take appropriate steps to limit the risk of harm to guests on their property. Because of this failure, the landowner should provide fair compensation for all undue harm suffered in a trip and fall incident.
However, the law separates guests into three categories, and each type of visitor is entitled to a different level of protection by landowners. Depending on which category a person falls under, the landowner may or may not be liable under similar factual circumstances.
The first category of visitors is trespassers who enter or remain on land without the owner’s permission. Property owners must only avoid causing intentional or reckless harm to trespassers, meaning an accidental slip and fall would not yield compensation for an injured trespasser.
Second, licensees are people who enter a premises with express permission for their own benefit. Examples include independent contracts entering a property to complete a job, as well as social guests. Property owners must warn licensees of all known slipping hazards that exist on their land to avoid a foreseeable falling incident.
Finally, business invitees enter land with implied permission for the economic benefit of the landowner. Stores that invite guests to shop or movie theaters with patrons usually confer invitee status on visitors. Here, the landowner must not only warn guests about known hazards but must also regularly inspect the premises for any falling hazards, such as debris in walkways or broken stairs. A lawyer in the Buda area could provide more insight on when a property owner might be liable for a slip and fall accident.
Determining Fault for a Falling Incident on Someone Else’s Land
Even if it is clear that a property owner had a duty to protect a guest on their land, a fall occurring will not automatically create civil liability. Local civil courts must apply the concept of modified comparative negligence to assign fault in slip and fall cases. According to state law, a judge must evaluate the actions of all parties in an accident case and assign blame based on their individual contributions to a trip and fall accident.
For example, if a store owner failed to properly clear a spill in an aisle, it is easy to assume that the owner is to blame for a subsequent fall. However, they may allege that the injured claimant was running in the aisle or failed to recognize a “wet floor” sign, thereby contributing to their own damages.
If a court finds that the plaintiff was more than 50 percent responsible for the incident, it cannot award compensation under Texas Civil Practice & Remedies Code §33.001. Fortunately, a Buda lawyer would be experienced in proving that a landowner’s negligence is the sole cause of a slip and fall accident and helping injured claimants recover the full amount of compensation owed to them.
Contact a Buda Slip and Fall Attorney Today
Slip and falls are common sources of personal injuries in Buda. These incidents can require extensive medical treatment, cause a person to miss time on the job, or result in significant emotional trauma. Property owners who owe a duty of care to guests but fail to provide due care may be found liable for all resulting damages.
A Buda slip and fall lawyer could help you collect the compensation that you need to move on from this situation. Let our leading attorney investigate the cause of your fall, establish your legal rights under the law, measure your losses, and demand fair compensation. Call today.