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Slip & Falls
Understanding Texas Slip and Fall Laws

Understanding Texas Slip and Fall Laws: What Victims in Lubbock Need to Know

Slip and fall accidents can result in serious injuries, leaving victims in Lubbock, TX, with unexpected medical bills, lost wages, and long-term physical pain. Understanding Texas slip and fall laws is crucial to ensuring that victims can seek compensation for their injuries. Navigating the legal complexities of a slip-and-fall case can be challenging, but with the help of Malone Legal Group, victims can get the guidance and representation they need.

Texas Premises Liability Law

In Texas, slip and fall cases fall under premises liability law, which governs the legal responsibility of property owners to maintain safe conditions for visitors. The burden is on the injured party to prove that the property owner or manager was negligent, and this negligence directly caused the accident. Here are the key elements of Texas slip and fall laws that victims in Lubbock need to understand:

1. Duty of Care

The property owner’s responsibility to maintain safe conditions depends on the status of the visitor:

  • Invitees (such as customers in a store): Property owners owe invitees the highest duty of care. They must inspect their premises regularly, fix hazards, or provide adequate warnings to prevent harm.
  • Licensees (such as social guests): Property owners must warn licensees of known dangers but are not required to inspect for unknown hazards.
  • Trespassers: Property owners owe very limited responsibility to trespassers, except in situations involving children, where the owner must address attractive nuisances (like swimming pools) that could pose a risk.

Understanding your visitor status is important because it affects the level of care the property owner owes you.

2. Proving Negligence

To win a slip and fall case, the victim must prove that the property owner was negligent. In Texas, this involves demonstrating:

  • The hazard existed: The dangerous condition that caused your fall must be proven. This could be anything from a wet floor to uneven pavement or loose carpeting.
  • The property owner knew or should have known about the hazard: You must show that the property owner either knew about the dangerous condition or should have known through reasonable inspection and failed to correct it.
  • The property owner failed to act: This means the property owner did not take reasonable steps to fix the hazard or adequately warn visitors of the danger.
  • The hazard directly caused your injury: Lastly, you must prove that the dangerous condition directly caused your slip and fall and resulted in your injuries.

3. Comparative Negligence in Texas

Texas follows a modified comparative negligence rule, meaning that if the injured party is found partially responsible for their accident, their compensation can be reduced by their percentage of fault. For example, if you were 20% responsible for not paying attention while walking, your total compensation would be reduced by 20%. However, if you are found to be more than 50% responsible, you cannot recover damages.

4. Statute of Limitations

In Texas, slip-and-fall victims have a limited time to file a lawsuit. The statute of limitations for personal injury claims is two years from the date of the accident. If you fail to file within this period, you may lose your right to seek compensation.

How Malone Legal Group Can Help

Navigating Texas slip and fall laws can be complex, but with the help of an experienced attorney from Malone Legal Group, you can have the support needed to build a strong case. Here’s how their team can assist you:

1. Investigating Your Case

Malone Legal Group will thoroughly investigate your slip and fall accident, gathering critical evidence to establish the property owner’s negligence. This includes reviewing accident reports, obtaining surveillance footage, taking photos of the hazard, and interviewing witnesses to strengthen your claim.

2. Determining Liability

Their legal team will help determine whether the property owner, manager, or another party is liable for your accident. This includes assessing whether the owner failed to fulfill their duty of care based on your visitor status (invitee, licensee, or trespasser).

3. Proving Negligence

Malone Legal Group will handle the complex process of proving negligence. They will work to show that the property owner knew about the hazardous condition, failed to fix it, and that their negligence directly caused your injuries.

4. Maximizing Compensation

The team at Malone Legal Group will ensure that all aspects of your damages are considered, including medical expenses, lost wages, pain and suffering, and future rehabilitation needs. Their goal is to help you receive the full compensation you deserve.

5. Handling Insurance Companies

Insurance companies often try to minimize payouts, but Malone Legal Group is skilled in negotiating with them to ensure you are not taken advantage of. They will advocate for a fair settlement and, if necessary, take your case to court to fight for your rights.

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