Every year, thousands of Texans are injured in slip-and-fall accidents at grocery stores, restaurants, office buildings, homes and other properties. These incidents can lead to serious injuries, including broken bones, spinal cord damage, and traumatic brain injuries. If you’ve been injured in a slip-and-fall accident in the Dallas–Fort Worth area, it’s essential to understand what must be proven to succeed in your slip-and-fall case. As experienced personal injury attorneys serving Dallas and Carrollton, we know how to navigate the complexities of slip-and-fall claims and the nuances of Texas premises liability law to help you pursue the compensation you deserve.
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The Burden of Proof in Texas Slip and Fall Cases
In Texas, slip and fall claims fall under premises liability law. To successfully recover damages, injured parties must prove specific elements of negligence against the property owner or occupier. The burden of proof lies with you, the plaintiff, to demonstrate that the property owner failed in their duty to maintain a safe environment.
Four Critical Elements You Must Establish in Your Slip-and-Fall Case
To win a slip-and-fall case in Texas, you must prove these four key elements:
- The Property Owner Owed You a Duty of Care
Property owners have a legal responsibility to maintain reasonably safe conditions for people who are lawfully on their premises, especially customers or clients (known as “invitees”). - The Property Owner Breached That Duty
You must show that the owner or occupier failed to fulfill that duty. This could include neglecting to clean up a spill, repairing damaged flooring, or placing warning signs around hazards. - The Breach Caused Your Injury
There must be a direct link between the property owner’s negligence and your injury. For example, slipping on a wet floor with no warning signs in place. - You Suffered Actual Damages
Finally, you need to prove you suffered real loss: such as medical bills, lost income, pain and suffering, or long-term disability, as a result of the accident.
Why Your Role on the Property Affects Your Case
In Texas, the reason you were on the property at the time of the accident plays a major role in how your case is evaluated. The law recognizes three categories of visitors:
- Invitees: People invited onto the property for mutual benefit (customers, clients)
- Licensees: Those permitted on the property (social guests)
- Trespassers: Individuals without permission to be on the property
Property owners owe the highest duty of care to invitees, requiring them to inspect the premises, fix dangerous conditions, and warn about hazards. For licensees, owners must warn about known dangers. For trespassers, owners simply must not intentionally cause harm.
Proving Knowledge of the Dangerous Condition
One of the most challenging aspects of winning a slip and fall case in Texas is showing that the property owner knew or should have known about the hazardous condition. To succeed, you must demonstrate that:
- The owner directly or indirectly created the dangerous condition
- The owner knew about the condition but failed to fix it
- The condition existed long enough that the owner should have discovered and corrected it
This burden of proof can be difficult, especially without strong evidence like surveillance footage or eyewitness accounts.
According to a study by the National Floor Safety Institute, slip and fall accidents account for over 1 million emergency room visits annually nationwide. In Texas, they make up about 20% of all premises liability claims—highlighting just how common these cases are and why property owners often fight hard to deny knowledge of dangerous conditions.
Modified Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, sometimes called the “51% bar rule.” This means you can recover damages as long as you’re found to be 50% or less responsible for your accident. However, your compensation will be reduced by your percentage of fault.
For example, if you’re awarded $100,000 but found 30% responsible for your fall, you’ll receive $70,000. If you’ve found 51% or more responsible, you cannot recover anything.
Statute of Limitations
In Texas, you have two years from the date of your slip and fall accident to file a lawsuit. Missing this deadline means losing your right to compensation, regardless of how strong your case might be. This is why it is important to consult with an experienced personal injury attorney immediately after an accident.
Let Our Experts Fight for You!
Navigating the complexities of premises liability law while recovering from injuries can be overwhelming. The Law Offices of Tim O’Hare has a proven track record of successfully representing slip and fall victims throughout the Dallas-Fort Worth metroplex, securing the compensation they rightfully deserve.
Don’t Go It Alone: Get the Legal Help You Deserve
Injured in a slip and fall accident? Don’t face the insurance companies alone. The attorneys at The Law Offices of Tim O’Hare are here to fight and win for the compensation you deserve.
Our experienced slip-and-fall attorneys in Carrollton and Dallas will walk you through your legal options and handle every step of your case with care and determination. Schedule your free consultation today and take the first step toward justice and recovery.
