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Premises Liability
More than likely, you’ve entered a building after it has rained, and have seen wet floor caution signs placed near the entrance or stairs. This is not coincidence; property owners, managers, and tenants have a duty to provide a safe environment for those who enter their property.

John T. Flood is an attorney in Corpus Christi, TX who focuses on premises liability (slip and fall) cases. Call (361) 654-8877 today for a free initial case evaluation. 

Premises liability refers a body of law governing the responsibility of a property owner for injuries that occur due to unsafe conditions on his or her property, such as a customer slipping and falling due to wet floors.

Premises liability covers a multitude of properties, both public and private, including:

  • Shopping malls
  • Sports arenas
  • Grocery stores
  • Office buildings
  • Hotels
  • Movie theatres
  • Restaurants and bars
  • Nightclubs
  • Parking garages

These public spaces serve the general public, therefore imposing a duty to keep all patrons safe. A routine shopping trip could result in a serious accident for vulnerable individuals such as an elderly patron that slips and falls. Property owners, managers, and occupants are legally required to alert patrons to any dangers while they are actively working to remedy them.

Potential Property Dangers

Public and private properties are required to post signage or utilize other measures to indicate the risk is present. Property issues that can pose risks to visitors include:

  • Broken windows or glass on the ground
  • Wet floors
  • Debris
  • Broken guardrails
  • Non-existent or poor lighting in stairwells
  • Broken escalators
  • Wet floors or spills on floors
  • Broken tiles or flooring
  • Lack of enclosures around pool areas

While these problems may seem small and routine, the potential for injury or even death is present. Failure to complete maintenance in a timely manner or failure to inform patrons who may come into contact with these hazards could result in slip and fall accidents, swimming pool accidents, drowning, dog attacks, and more.

Types of Visitors

Under the legal theory of premises liability, a visitor to a property could fall into one of three categories:

Invitee

If one is expressly invited to a property, then they are an invitee. The property owner has a duty to provide a safe environment for the duration of their stay.

Licensee

If a visitor enters the property for his or her own purposes with the owner’s consent, the visitor is a licensee. The owner is required to warn of any potential dangers – such as wet floors – but is not legally required to fix them.

Trespasser

A visitor without permission to be on a property is a trespasser. The property owner owes no duty of care to a trespasser.

Corpus Christi Slip and Fall Attorneys

Given the nature of premises liability claims, each individual case is unique and requires the attention and direction of a seasoned attorney like John Flood who is equipped to advocate for victims’ rights. No patron should have to endure pain and suffering due to the negligence of a property owner. Property owners, managers, and occupants who welcome visitors have a responsibility to keep patrons safe.

If you or a loved one were injured on another’s property in Corpus Christi, call attorney John Flood today (361) 654-8877 for a free initial case evaluation. Contact us to find out more about how we can help.


Frequently Asked Questions About Premises Liability

What is a typical settlement for a slip and fall case?

There is no typical settlement in a slip and fall case because the facts of each case are different. Where you were hurt, how you were hurt, the extent of your injuries, and who is responsible, among other factors, will all factor into how much you can potentially recover. How much insurance is available will also greatly affect your potential financial compensation.

How do you prove negligence in a slip and fall case?

In a slip and fall case, you can prove negligence by establishing the following factors:

  1. The property owner owed you a duty of care
  2. That person or company breached their duty of care to you in some way
  3. Their breach caused your accident and resulting injuries
  4. You were physically injured as a result

Who is liable in a slip and fall settlement?

In a slip and fall settlement, the party or parties who owed a duty of care to the injury victim can be held financially responsible. For example, if you slip and fall in a grocery store while shopping there and it’s the store’s fault, the company can be liable for the resulting injuries you suffer.

Are slip and fall cases hard to win?

Despite the fact that slip and fall cases are common, they are hard to win. Liability in these cases can be more complicated than in a case where someone hurts you by running a stop sign, for example. Premises liability cases often rely on witness testimony, especially if no cameras caught the incident on tape. Proving negligence is the hardest part of a slip and fall case.

How are slip and fall settlements calculated?

Slip and fall settlements are calculated by evaluating how much a personal injury lawyer thinks you can get if you go to trial and how much the responsible party or parties are willing to pay. If both sides can agree on an amount somewhere in the middle that adequately compensates the victim for the damages they suffered, the case can be resolved without going to trial and settle.

How long does it take to settle a slip and fall case?

Every personal injury case is unique – each case involves different parties, different facts, and different damages – and all of these factors can affect how long it can take to settle a slip and fall case. When you want to get the most you can for your slip and fall settlement, you need to hire a lawyer to carefully prepare your case for the negotiations process.

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