Understanding Texas Premises Liability Laws - A San Marcos TX Guide to Slip & Falls

San Marcos, Texas, is a small but active city with quirky boutiques and dining options to suit every taste. While most outings are fun and incident-free, slips and falls can happen anywhere. If you happen to fall on someone else’s property in San Marcos, the injuries you suffer may leave you in pain and out of action. Property owners are responsible for maintaining a safe environment for their visitors, and their negligence can contribute to a serious fall and severe injuries. The San Marcos TX attorneys at Carabin Shaw hold property owners liable for hazardous conditions and seek damages for victims' injuries.

If you were recently seriously injured on another person’s property in or near San Marcos, call Carabin Shaw today. Our local lawyers offer our services on a contingency-fee basis, so you pay nothing upfront for our expert guidance. A member of our professional legal team is available 24/7 to schedule a free consultation in English or Spanish at 800-862-1260.

A seemingly simple trip may seem minor, but accidents can also result in serious injuries and fatalities. Slip and fall accidents are the second-leading cause of unintentional deaths related to injuries in the U.S. Slip and fall accidents in Texas may occur when unsafe conditions are left unaddressed, such as:

• Slippery or wet floors
• Broken or uneven flooring
• Clutter in walkways
• Poor or absent lighting
• Broken or missing handrails

Many accidents are due to a property owner’s failure to repair the premises or provide adequate warning of a hazard. If you are injured on a defective property, you and your attorney could hold the property owner liable for your injuries.

Texas requires property owners to maintain safe premises for some visitors to the property. Visitor status falls into three categories:

• Invitees - invited onto a property by the owner
• Licensees - have consent to be on the property
• Trespassers - enter the property without permission

A property owner owes a different duty of care to these various categories. Invitees, such as customers, are entitled to the highest duty of care. Licensees, who may include party guests, have a moderate duty of care. Trespassers have a limited duty of care in cases where the trespasser is a minor or gross negligence is found to have contributed to their injuries.

The key to a successful premises liability claim is your San Marcos lawyer’s ability to prove that the property owner's negligence caused your accident and injuries. Negligence includes these elements:

The property owner had a legal duty to maintain safe premises for property visitors, based on what a reasonable person would do in the same situation.

The property owner breached their duty with their actions or inaction. For example, they may fail to repair a broken floor or post a warning for visitors to exercise caution.

You must show that the property owner’s breach led directly to your injuries. With proximate cause, you must prove cause-and-effect, which states your injuries would not have occurred except for the property owner’s breach of duty.

Proving negligence requires ample evidence, which accident victims should begin collecting at the scene if possible. Evidence might include:

• Photos of the accident scene
• Incident report
• Eyewitness statements
• Medical records and bills for treatment
• Pay stubs to document lost wages

Contact a San Marcos TX premises liability lawyer immediately after your accident. Your legal professional will investigate the accident and help you collect necessary documentation and evidence while it is still available. They will also protect you from making statements to insurance adjusters that could harm your case.

Carabin Shaw works with victims of premises liability accidents. Our law firm’s client reviews attest to our ability to maximize damages for victims, ensuring they receive the necessary compensation to cover their bills and recover from their injuries.

Most personal injury cases in Texas have a two-year statute of limitations that requires victims to file a lawsuit within two years of the date of the accident. Don’t wait to get legal help. Call Carabin Shaw toll-free today at 1-800-862-1260.

For more information:

• NSC
• Cornell Law
• Texas Statutes 16