Whether you have a slip and fall or a trip and fall, Texas law evaluates your personal injury lawsuit against a negligent possessor of a property based on your status and the condition of the property.
Although the facts of each case will determine your status, you may qualify as an invitee, licensee, or trespasser, depending on the nature of your reasons for visiting the property. As an invitee, you are owed a duty of ordinary care to keep the premises in a reasonably safe condition. As a licensee, you are owed a duty of ordinary care to protect you from hidden dangers known to the possessor. As a trespasser, you are owed a duty to not be injured by willful, wanton, or grossly negligent conduct.
An invitee’s ability to prevail in a premises case depends on the nature of the condition, or premises defect, based on the defendant’s (1) actual knowledge – evidence of prior incidents; or (2) constructive knowledge – evidence of time defect existed; or (3) unreasonably dangerous character – evidence of method of creating the defect. Constructive knowledge occurs when a condition is in existence for a reasonable period of time such that a possessor should have discovered the condition and made it safe.
If you have suffered injuries from a fall and have questions, please contact us.