Understanding 'Actual Knowledge' in Texas: How Your Cibolo Slip and Fall Attorney Proves Fault

Dangerous slip-and-fall accidents can occur on another person’s property in Cibolo, Texas, whether shopping at The Mill Boutique & Mercantile or visiting another popular establishment. These accidents may result in serious injuries that can send victims to the hospital and render them unable to work for an extended time. Property defects cause some of these injuries, from a broken stairway railing to an exposed wire that trips an unsuspecting visitor.

Accidents are more than painful — they can also be expensive. When medical bills mount, and you can’t work at the job that usually pays your bills, it can be stressful and frightening.

The Cibolo slip and fall attorneys at Carabin Shaw use our firsthand knowledge of Texas premises liability laws to hold responsible parties accountable for dangerous conditions and to pursue compensation for accident victims.

Slip and fall claims can be complex and challenging to navigate without an expert attorney at your side. Our team has decades of experience, and our law firm even offers free case reviews in English or Spanish to help victims understand their legal rights. We are available 24/7 at 1-800-862-1260, so call today.

In premises liability cases in Texas, accident victims and their lawyers have the burden of proving that the property owner’s negligence directly caused their accident and resulting injuries. The elements of negligence include:

• The property owner owed the visitor to their premises a duty of care
• The owner breached that duty by allowing the dangerous condition to exist
• The breach directly led to the victim’s accident and injuries
• The accident would not have occurred if not for the owner’s breach

To show breach of duty, you and your attorney must prove the property owner had actual knowledge of the potential hazard and failed to make repairs or take other action to remove the hazard.

Actual knowledge involves knowledge a property owner “has to have known” about a condition on their property. Examples of actual knowledge might include:

• A property owner admits they knew about a broken step or broken handrail
• Maintenance records indicating the owner was aware of a problem requiring repair
• An owner who receives notice of a dangerous condition, but fails to warn visitors

Constructive knowledge is knowledge that a property owner is presumed to know. For example, if a property owner suspects a stair step is loose, they have constructive knowledge of the potential hazard. Constructive knowledge can also be used to prove liability in some situations.

By examining common causes of slip-and-fall accidents, we can determine whether the property owner had actual knowledge of the hazard and may be liable for any resulting accidents. Causes might include:

• Icy sidewalks, steps, or parking lots
• Wet or slippery floors
• Uneven or broken floor surfaces
• Loose rugs or mats that may curl at the edges
• Poor lighting that makes it difficult to see obstacles
• Obstructions in walkways
• Broken or missing stairway handrails

If a property owner has actual evidence of premises defects and fails to eliminate the danger or provide adequate warning, your local lawyer may hold them liable for your accident and injuries.

To prove the property owner had actual knowledge of the hazard that led to your slip and fall, your attorney will gather evidence such as:

• Testimony from the owner that they knew about the danger
• Previous complaints or warnings about the hazard
• Maintenance and inspection records documenting the issue
• Video or photos showing the dangerous condition
• Testimony from others who informed the owner of the hazard

Slip and fall accidents can lead to severe injuries like fractures, spinal cord damage, and traumatic brain injuries. If you have been the victim of one of these accidents, call Carabin Shaw’s expert team of personal injury attorneys right away. We offer our services on a contingency-fee basis, meaning you don’t pay unless we win.

Read over our law firm’s client reviews, which demonstrate our commitment to accident victims like you. We are available now toll-free at 1-800-862-1260.

For more information:

• Texas Statutes 75
• Cornell Law School