Allen Slip and Fall Lawyer

The Obligations of Property Owners in Allen

In general, a property owner or operator has an obligation to keep their premises safe and eliminate hazards that cause an unreasonable risk of harm. However, if a risk is obvious or open and an invitee is aware of it, they may not have valid grounds to recover for an injury caused by that condition.

For a slip and fall claim that is based on a theory of negligence, an injured claimant must show that:

• The store owner had actual or constructive knowledge of the condition
• The condition posed unreasonable harm to the claimant
• The store owner failed to use reasonable care to mitigate or eliminate the risk of harm or alternatively failed to warn of the dangerous condition
• The failure to exercise due care directly caused the injury in question

In Texas, most slip and fall claims fall within a premises liability theory of liability, although occasionally, they will involve a simple negligence action or a negligent undertaking action. A seasoned Allen slip and fall attorney could provide further clarification on the differences between these two types of cases.