Who Has a Duty of Care in Trip and Fall Cases?

In local slip and fall cases, the duty of care either falls on the person who owns the property, or the occupier of the property. It is important to know the difference between these two parties in order to determine who could potentially be held liable.

The owner of the property is the person who has ownership interests in the property but does not necessarily live or work on the property. If the property owner knew or should have known of a dangerous condition, they could be held responsible for that hazard.

An occupier of a property could be a tenant or lessee of the premises, and they too could potentially owe visitors a duty of care. For instance, a store manager would owes a duty of care to shoppers to ensure there are no slipping hazards present, while a property owner owes visitors and employees a duty of care to keep the property in working order.

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Types of Visitors WhoCould Suffer a Falling Accident

In a slip and fall case, a claimant must show that the property owner or occupier was negligent to collect damages. An owner or occupant’s liability differs depending on their relationship with the claimant. An owner or occupier of a premises owes the highest duty of care to an invitee, such as a customer or patron of a business. If the owner or occupier fails to warn an invitee about a hazard, they may be liable for the injuries that result. It is important to understand that a defendant has this duty to warn either when they knew of a hazard or should have known about it. If a property owner warns an invitee of a hazard but does not fix it, they may be able to escape liability.

If the injured party is a licensee, like a social guest, the owner or occupier must warn the licensee about known hazards. Owners and occupiers will not be liable to the licensee if they did not know of the hazard, even if they should have known about it.

Owners and occupiers have no duty to warn trespassers. An individual who has trespassed cannot obtain damages unless they can show that their injury was the result of the owner’s intentional, malicious conduct. Those who suffer injuries in a slip and fall incident should speak with an experienced local attorney to learn how a property owner may be liable.

Recovering Monetary Damages after a Slip and Fall in Parker

If someone else’s negligence caused a person to fall and sustain injuries, this injury party may be eligible to receive damages that cover all the related expenses. Potential damages in these cases may include:

  • Lost vacation and sick days
  • Medical costs
  • Lost wages
  • Ancillary expenses such as taxis if the injured party is unable to drive
  • Costs of any accommodation the claimant requires because of the injury

Claimants also may seek non-economic damages like pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium, and disfigurement and scarring. A lawyer in the area could advise someone about the types of damages they could pursue in their slip and fall case.


How Could a Claimant’s Fault Impact Their Damages?

When a claimant seeks damages in a lawsuit, a judge must decide how much responsibility each party has in causing the accident. Texas Civil Practice and Remedies Code §33.001 states that a claimant who is more than 50 percent responsible for an accident cannot seek damages from other responsible parties.

If the claimant is 50 percent or less at fault, a court may reduce their monetary damages proportionally to their percentage of fault. A lawyer in Parker who focuses on slip and fall accidents could explain how claimant’s responsibility for the accident could impact their compensation.

Speak with a Parker Slip and Fall Attorney

If you have been injured in an accident, you may not have the capacity to handle a legal case on your own. A seasoned attorney at our firm could guide you through your case and work to get you fair compensation for your injuries. Take the first step in preserving your rights and contact a Parker slip and fall lawyer today.

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Parker Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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