Some people think that just because they get injured on someone else’s property, the property owner is liable. This is simply not the case in Texas. Whether a property owner is liable when someone falls and is injured on their property depends upon what caused the person to fall and what the property owner knew at the time. If a dangerous condition exists on the property and the owner knew about it, the owner may be liable if someone unaware of the danger is injured as a result. Liability is based upon express or implied knowledge and inaction.
What Must a Person Prove in a Property Owner Liability Case?
Property owner liability, or premises liability, is established when the injured party proves:
- there was an unreasonably dangerous condition,
- the owner was aware of the condition before the injury,
- the victim was unaware or unable to appreciate the dangerous condition,
- the property owner fails to warn them of the dangerous condition or remedy the condition, and
- the victim sustained injuries as a result of the condition.
What Constitutes an Unreasonably Dangerous Condition?
Anything that poses a potential hazard to people whom the owner has invited onto the property may be an unreasonably dangerous condition. It is considered ‘unreasonable’ when the owner knows or should be aware that the condition exists and poses a threat to others and then the owner chooses to allow it to remain on the property regardless of the knowledge.
Cracks in the Sidewalk Cases
Often, whether a property owner is liable for sidewalk defects depends not only on the above facts, but also on who has control. Does the City own it or the business owner? If the City has a sidewalk easement, the City faces extra protections under the doctrine of Sovereign Immunity. See: Is the City Liable for Defects in the Sidewalk?
Slip and Trip Hazards in Stores and Businesses
Stores owe a special duty to prospective customers. They are considered invited guests because the store opens its doors to the public and “invites” them in. However, this does not make them insurers of their patron’s safety. The trick in many of these cases is proving that the store was aware of the condition or that it was present long enough that the store should have known. If you cannot establish this, you cannot prove your case.
Large companies like Home Depot, Hobby Lobby, and HEB know these challenges in proving these cases, so they set up practices and procedures to take advantage of them. Video footage showing the source of the slippery condition is not preserved unless a specific legal request is made. So if you slip and fall at Walmart or Kroger or get injured in a Lowes accident or another big company like that, it is wise to consult an attorney early on.
The Open and Obvious Defense
Because liability depends on the property owner being aware of a dangerous condition the customer is not aware of, a defense in these cases is to show the condition was so open and obvious that the victim should have seen it. This defense is not an absolute bar to liability in Texas. Still, it can reduce or even eliminate liability when the jury compares the injured party’s negligence to that of the property owner.
What If a Video Camera Caught the Fall?
Video footage of a fall can help explain how it happened. But it is not the proverbial smoking-gun evidence. If you have video footage going back far enough, sometimes you can determine how long a dangerous condition was present before the fall occurs. Whether the property owner should have discovered it and remedied it within that time is often a question for the jury. When the video shows the condition started through no action by the property owner and began only a short time before the fall, this can be strong evidence that the owner is not liable. So, video footage can make or break you. It can also disappear if you fail to take action to preserve the surveillance video. That is why it’s advisable to speak with a slip and fall lawyer early after a fall in a store.
Falls in Parking Lots
Unfortunately, people often encounter slip-and-trip hazards in parking lots. Wheel stops can be a tripping hazard at night if lighting is poor or they are not painted to blend in with the concrete. Curbs and steps can also be trip hazards. These types of trip-and-fall cases tend to be very fact-specific when determining liability. They also raise defenses, such as that the condition was open and obvious.
Conclusion
In summary, Texas landowners are not liable simply because someone fell and was injured on the property. The injured party must prove that an unreasonably dangerous condition existed, the owner knew or should have known, and the owner failed to act. These required elements must be shown, whether it is a trip, a slip, or simply a fall. Otherwise, the property owner is not liable in Texas.
Related Reading:
A Business Owner’s Guide to Preventing Slip and Falls.
Author
