Four Slip and Fall Accident Defenses that You Need to Be Ready for in Texas
Hurt in a slip and fall accident? You can hold a negligent business or negligent property owner liable for your injuries through a premises liability claim. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. However, unfortunately, slip and fall accident claims can be challenging. You should be ready for a defense. At Henrietta Ezeoke Law Firm, we take a proactive, personalized approach. In this article, our Missouri City slip and fall accident lawyer highlights four of the most common defenses that you are likely to face in Texas.
Defense #1: Trespassing
To bring a premises liability claim in Texas, you must prove that the defendant—business or property owner—owed you a duty of care. For the most part, that duty is based on your lawful presence on the premises. Property owners in Texas generally owe fewer legal duties to trespassers. If you were not lawfully on the property at the time of the slip and fall, the defendant might argue you have no valid claim.
Defense #2: Not Reasonably Foreseeable
A key part of any slip and fall claim is proving that the dangerous condition was reasonably foreseeable to the property owner. Defendants may argue they had no reason to know about the hazard in time to fix it. If an injury was caused by something sudden or unexpected, they might claim they are not responsible for the accident. The specific circumstances always matter.
Defense #3: Statute of Limitations
Slip and fall accident claims are time-sensitive. Texas law has strict time limits for filing a slip and fall injury claim—generally two years from the date of the accident. What happens if you do not take legal action in a timely manner? You could lose out on your right to bring a claim at all. Do not let this happen to you: Be proactive: Consult with a Missouri City slip and fall lawyer right away.
Defense #4: Comparative Negligence
Texas is a modified comparative negligence state. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), each party to an accident is liable for their share of the blame. Businesses and property owners often try to use comparative negligence as at least a partial defense in slip and fall accident claims. They may attempt to show that you were partially responsible for your own fall accident. If so, they can reduce your compensation. Worse, if you are found 51 percent or more responsible, you could be barred from recovering anything at all.
Contact Our Missouri City, TX Slip and Fall Accident Attorney Today
At Henrietta Ezeoke Law Firm, our Missouri City slip and fall accident lawyer is an aggressive, experienced advocate for justice. Hurt in a slip and fall? We are here to help you seek full and fair compensation. Give us a call now or contact us online for a free, no obligation case review. With an office in Missouri City, we fight for justice for injured victims in Fort Bend County, Harris County, and throughout Southeast Texas.
Source:
statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm
