When Is a Property Owner Liable for a Slip and Fall Accident?

Slip and fall accidents are a common type of personal injury case that can occur anywhere, from grocery stores and shopping malls to private homes and workplaces. In Texas, determining whether a property owner is liable for an injury sustained from a slip and fall accident depends on a variety of factors. 

Property owners are required to maintain safe conditions on their premises, but they aren’t automatically responsible for every slip and fall. Here, Brett Reynolds & Associates, P.C. in South and Central Texas, explains when a property owner may be held liable for a slip and fall accident, providing an overview of key concepts in Texas premises liability law.

Premises Liability in Texas

In Texas, premises liability refers to a property owner’s legal responsibility to maintain a safe environment for those who enter their property. The law defines different levels of duty of care depending on the status of the person who is injured. 

Visitors are categorized as invitees, licensees, or trespassers, and each category affects the extent of the property owner's duty.

An invitee is someone who enters the property for a business purpose, such as a customer in a store. Property owners owe the highest duty of care to invitees, which includes the duty to inspect the property regularly for hazardous conditions and to take steps to correct them.

A licensee is someone who enters the property for social or personal reasons, such as a guest in a home. Property owners owe a lower duty of care to licensees, usually requiring that the owner warn them of known dangers but not necessarily repair them.

A trespasser is someone who enters the property without permission. Property owners generally have the least responsibility toward trespassers, with exceptions for certain dangerous conditions, such as intentional harm or hidden traps.

In a slip and fall case, the classification of the injured party determines the degree of care the property owner is legally required to provide.

Factors That Impact Liability for Slip and Fall Accidents

For a property owner to be held liable for a slip and fall accident in Texas, several factors must be established. These include the property owner's knowledge of the hazard, the nature of the dangerous condition, and the injured party’s role in the accident. 

A key element in any personal injury case is proving that the property owner had actual or constructive knowledge of the dangerous condition and failed to take appropriate steps to remedy it.

Actual Knowledge of the Hazard

In a slip and fall case, one of the most important questions is whether the property owner knew about the dangerous condition. 

This is referred to as actual knowledge. If the property owner was aware of a hazardous condition, such as a wet floor or a broken sidewalk, and did nothing to fix it, they could be held liable for any injuries caused by that condition.

For example, if a property owner or an employee of a business sees a puddle of water on the floor but doesn’t take action to clean it up or put up a warning sign, the injured party may be able to prove that the owner had actual knowledge of the hazard and failed to address it.

Constructive Knowledge of the Hazard

In cases where the property owner didn’t have actual knowledge of the dangerous condition, the injured party may still be able to establish liability by showing that the property owner should have known about the hazard. This is called constructive knowledge. 

Constructive knowledge can be established by showing that the dangerous condition existed for a sufficient amount of time that the property owner, through reasonable inspection, should have noticed and addressed it.

For instance, if a spill in a grocery store is left unaddressed for several hours, the store owner may be held liable for a slip-and-fall accident that occurs due to the spill. Even if the owner didn’t directly observe the spill, the long duration of the hazard could demonstrate that they should have known about it.

Duty to Maintain Safe Premises

Texas law holds property owners responsible for maintaining safe conditions on their property. A property owner’s duty to prevent personal injury accidents includes regularly inspecting the premises and taking reasonable steps to remedy any dangerous conditions. 

This duty applies to a wide range of hazards, such as wet floors, uneven pavement, poor lighting, and obstructions that could cause a person to trip or fall.

For example, in a shopping mall, the owner is responsible for making sure that the floors are dry, the lighting is adequate, and there are no obstacles in aisles or walkways that could cause a slip or trip. 

If an injury occurs because of an unaddressed hazard that the property owner should have known about, the owner may be found liable for the personal injury.

The Plaintiff in the Accident

In Texas, a key part of determining liability in a slip and fall case is assessing whether the injured party contributed to the accident in any way. The state follows a modified comparative fault rule, meaning that if the injured person was partially responsible for the accident, their compensation can be reduced in proportion to their degree of fault.

For instance, if the injured person wasn’t paying attention to their surroundings or ignored warning signs, the court may find that their actions contributed to the slip and fall. 

In this case, any compensation they receive may be reduced by the percentage of their own fault. If the injured party is found to be 51% or more at fault, they may be barred from recovering any compensation.

This is an important consideration in slip and fall cases, as the property owner may attempt to argue that the injured party was at least partially responsible for the accident. However, this doesn’t automatically absolve the property owner of liability; it merely affects the personal injury damages awarded.

Proving the Injury Was Caused by the Hazard

Another critical aspect of a slip and fall case is proving that the injury was directly caused by the hazardous condition. This requires establishing that the dangerous condition was a substantial factor in causing the injury. 

In Texas, a plaintiff must show that the hazard was the proximate cause of the accident, meaning that the fall wouldn’t have occurred if not for the dangerous condition.

For example, if a person slips on a wet floor in a store and breaks their leg, the injured party must prove that the wet floor directly caused the injury. This may involve medical records, eyewitness testimony, and expert testimony to link the hazard to the injury. Without this connection, it may be difficult to prove liability.

Defenses to Slip and Fall Liability

In slip and fall cases, property owners often raise defenses to limit or avoid liability. One common defense is that the property owner didn’t have actual or constructive knowledge of the dangerous condition.

Some common defenses property owners use include:

• Lack of knowledge of the hazard – If the property owner can demonstrate that they took reasonable steps to inspect the premises and that the hazard appeared suddenly or unexpectedly, they may argue that they shouldn’t be held responsible for the accident.

• Comparative fault of the injured party – The property owner may claim that the person wasn’t paying attention, was engaging in risky behavior, or ignored clear warnings about the hazard.

• Texas modified comparative fault rule – Under Texas law, if the injured party is found to be at least partially at fault, their personal injury compensation can be reduced.

Because property owners often attempt to shift blame, strong evidence is necessary to counter these defenses and establish liability.

The Next Steps

Brett Reynolds & Associates, P.C. is dedicated to helping individuals injured in personal injury accidents seek the compensation they deserve. Located in San Antonio, Texas, they’re proud to serve South and Central Texas. Call today to speak with an experienced personal injury attorney.