When you set foot in a restaurant, mall, office building, or other commercial property, there is an expectation that the environment will be one of reasonable safety. Any time that you are invited or permitted to enter a property, the property owner or occupant has a legal duty to protect against foreseeable hazards. When they fail to do so, they may be held responsible for any injuries or damages. This is referred to as premises liability. When someone slips and falls in a commercial property, they may have a claim under this legal concept.
Common Causes of Slip and Fall Accidents
There are a number of reasons as to why a slip and fall accident may occur. These include:
- Wet or slippery floors
- Uneven surfaces
- Inadequate lighting
- Lack of warning signs
The failure to reasonably maintain the property against hazards is what creates liability. For instance, if you are in the grocery store and someone in front of you spills their hand sanitizer and you immediately slip on it, it may be difficult to prove that the grocery store was liable because it was not foreseeable. However, if one of the freezer aisles has a known tendency of leaking water and a customer slips, there is a much higher likelihood that the grocery store would be liable because they either knew or should have known of the hazard and failed to remedy it.
Elements of a Premises Liability Claim
In order to be successful on a premises liability claim due to a slip and fall accident, there are certain elements that must be established. These include the following:
- Duty of Care – The property owner or occupant had a duty to maintain a safe environment, free from foreseeable hazards;
- Breach of Duty – They failed to uphold this duty, which led to the hazardous condition;
- Causation – The hazardous condition directly led to the slip and fall accident and injuries; and
- Damages – The injured party suffered actual damages (i.e., medical expenses, lost wages, and pain and suffering).
What Can You Do?
If you are injured in a slip and fall accident in a commercial property in Texas, you can help to establish a case for premises liability by doing the following:
- Seeking immediate medical attention
- Documenting the scene (photos and videos)
- Documenting any visible injuries
- Reporting the incident right away
- Preserving any evidence (e.g., incident reports, medical bills, etc.)
Slip and fall accidents in Texas commercial properties can result in serious and lasting injuries that can disrupt your life. A knowledgeable and experienced personal injury attorney can help by holding the responsible party liable.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured in a Slip and Fall Accident on a Commercial Property
If you or a loved one has been injured in a slip and fall accident in a Texas commercial property, you may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney who has experience with premises liability claims. He or she can help to gather evidence and walk you through each step of your case.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.