Is the property owner liable for someone who slips and falls in a Texas parking garage?
If you’ve been injured after a slip, trip and fall accident while in a parking garage or parking lot, you may have a valid claim against the property owner, as well as related parties whose negligence played a role in your injury accident. This kind of claim falls under an area of personal injury law called “premises liability.”
Premises liability is a legal concept addressing the liability of a landowner for injuries sustained on said property. It is a complex area of law, but one in which with our law firm has considerable experience. The easiest way to determine if you may have a viable claim is to contact us for a over-the-phone consultation, which we offer free of charge.
Parking garage owners and their “duty of care.”
There are three main categories of visitors: invitees, licensees, and trespassers. Determining your visitor status is the first step of the process. If you were on the premises as a customer, you’re likely considered an invitee (and owed the highest duty of care). Licensees and trespassers are also owed a duty of care, but at a lesser extent than invitees.
A building owner who is also in charge of his or her parking lot has, under law, a certain duty of care that they are required to provide you with from the moment you enter their premises, whether by foot or vehicle. They are supposed to carry out regular inspections to identify any hazardous situations so they can fix them within a reasonable time frame.
All this being said, it is important to note that slip and fall cases in Texas are not not always cut and dry. While you may feel that the property owner should be held 100% responsible, there is a lot of relevant case law which you must take into consideration. Was the accident foreseeable? Was the property owner aware of the premises defect? The answers to these questions can have a big impact on how a judge or jury determines issues of liability.
Parking garages are prone to wear and tear over time, and weather-related conditions (such as ice and snow) in outside lots or garages are not always in the property-owner’s control. To bring a successful premises liability claim in Texas, you will need solid, indisputable evidence showing that the parking garage owner knew (or should have known) of the hazard, and did not act in a timely manner to prevent foreseeable harm.
In addition, courts may employ the reasonable person test, which states that the average, careful, prudent person—on account of the danger being apparent (e.g. an obviously dark stairwell)—should have acted in a certain way to avoid the danger and evade injury.
Premises liability issues common to parking garage slip and falls:
- Uneven surfaces and cracks in concrete.
- Poor lighting.
- Slippery substances, such as oil, left unattended in an area that could foreseeably cause a slip and fall.
- Debris, such as construction material, that should have been cleared.
- Damaged stairways or stairwell banisters.
Our Dallas attorneys may be able to help you with your claim.
Due to the complex nature of premises liability cases in Texas, you really need a competent law firm on your side to ensure that you have the best chance at recovering monetary compensation.
It costs nothing out of pocket to hire Rasansky Law Firm to investigate your claim, and we only get paid if we successfully recover money damages in your case. We’ll collect evidence on your behalf such as video surveillance, witness testimony, photographs and more in order to make sure that you get a fair shot at proving your case. Call Rasansky Law Firm today at 1-877-405-4313 to learn how we can help.
Speak With Our Dallas Injury Lawyers For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.