Under Texas law, businesses have a duty to keep their premises safe for customers and visitors. This includes taking reasonable steps to prevent slip and fall accidents. If a business fails to fulfill this duty and a customer or visitor is injured as a result, the business may be liable for damages.
To establish liability in a slip and fall case, the injured party typically must show that the business owner knew or should have known of the dangerous condition and failed to take reasonable steps to correct it or warn of its existence. Factors that can be considered in determining liability include the length of time the dangerous condition existed, the likelihood of someone being injured, and the efforts the business took to remedy or warn of the condition.
If a business is found liable for a slip and fall accident, the injured party may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident.
However, there are some limitations and exceptions to liability for slip and fall accidents in Texas. For example, if the injured party was trespassing on the property or engaged in behavior that contributed to the accident, the business owner may not be liable. Additionally, businesses may be protected from liability if the dangerous condition was open and obvious or if there were no reasonable steps they could have taken to prevent the accident.
To protect themselves from liability for slip and fall accidents, businesses should take proactive measures to identify and address potential hazards on their property. This could include regularly inspecting the premises, fixing dangerous conditions promptly, and warning customers of potential hazards.
If a business is facing a slip and fall lawsuit, it is important to consult with an experienced attorney to understand their rights and options. An attorney can help navigate the legal system and provide guidance on the best course of action for defending against or settling the claim.
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