Mar 15, 2017 - Slip and Fall by Justin Roberts
If you enter a building and slip on the floor because it is wet with water that was tracked in from the outside, is the building owner responsible for your injuries?
In most states, the owner of a building has a duty to offer some protection to visitors so that they do not slip and fall on a floor that is wet because of tracked in water (such as after a rainstorm).
However, in some states the owner may not be required to provide any type of safety precautions for visitors, especially in incidents where obvious hazards exist. For example, if it is raining, a visitor would have equal knowledge of the possibility of water being tracked into a building, and would consequently have equal knowledge of the potential hazard, and would be expected to exercise reasonable care in walking through the building.
In Texas, you must prove that you were less than 50% responsible for the accident that caused your fall injuries. If that is not the case, you will not be able to recover any compensation for your accident.
In the case of a slippery floor, a building owner may be liable if:
- A structural defect enhances the effect of the already dangerously slippery floor, creating a greater hazard. For example, if a visitor enters into a building and falls because the floor is slippery and has a nail sticking out, the owner may be liable.
- Another type of debris on the floor contributed an additional danger that caused a visitor’s injury. For instance, if a visitor enters a building and slips on a mixture of water and a known slippery cleaning agent, the owner may be found liable for any resulting injuries.
In many states, it is the responsibility of a building owner to protect visitors from any potential harm that a wet floor wet may instigate. However, the owner may only be liable if he or she was negligent in not detecting the hazard and eliminating it in a reasonable amount of time.
If you or someone you love has been injured as a result of an accident, our Texas personal injury attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.
Justin is an attorney at Roberts & Roberts and focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. He has earned recognition as a “Top 40 Under 40” Trial Lawyer by the National Trial Lawyers. Prior to joining Roberts & Roberts, Justin served as an attorney in all three branches of Texas’s state government, including as a Briefing Attorney on the Texas Supreme Court. He also represented electric and natural gas utilities in complex regulatory proceedings before the Public Utility Commission of Texas and the Railroad Commission of Texas. Justin is a published author in the St. Mary’s Law Journal.