This is the next post in our series on the potential liability of a Fort Worth, Texas, property owner after a slip and fall on their property. Our last article provided an overview of topics which this series will address. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been injured. It is important that you speak with counsel sooner, and not later, as you only have a limited amount of time to take action in such matters. Waiting to assert your rights can result in the statute of limitations passing. In this article, we will be discussing when homeowners may, and may not, be responsible for a fall on their property. If you need assistance then call today to speak with a personal injury lawyer.
Fort Worth homeowners may be liable for falls caused by a dangerous condition on their property
Texas is like many other states in the Union in that a homeowner must take reasonable steps to ensure that their property is safe for those permitted to visit their property. If a landlord allows a dangerous condition to exist, then they may be liable for injuries if the condition was not obvious to the visiting guest. Liability, however, will typically not apply if an injured person was trespassing on the property, if the victim otherwise knew about the dangerous condition, or if the issue was obvious to one paying attention. Also, a homeowner must only take reasonable steps to ensure the safety of others; a homeowner is not required to guarantee the safety of others. Whether a homeowner is liable, therefore, is a highly fact-specific inquiry.
The aforementioned concepts are best explained through an example. Suppose Jack Homeowner invites several people to his house for a barbecue. Jack has an extra refrigerator in his garage which contains various beverages. There is a small run of three steps which one must go down when entering the garage. When the cooler at the barbecue runs low, one of Jack’s invited guests offers to get more from the garage refrigerator and Jack tells them they may do so. Jack does not tell the guest (who has never been to the property before) that one of the steps inside the garage entry is broken. While walking through the poorly lit garage, the guest trips on the broken step and suffers a serious injury. Under this scenario, Jack may be liable for the injuries suffered by his guest. How a jury will rule in any given situation, however, will always depend on the specifics of the case.
Claims against a Fort Worth property owner will typically be covered by homeowners’ insurance
When one is injured on another’s residential property then the claim will typically be handled by the defendant’s property insurance. Such policies will apply to negligence claims. Once retained, your lawyer will inform the homeowner that you are represented by counsel and will request that the insurance carrier be informed. Counsel will then deal with the insurance carrier directly. Once your long-term prognosis and economic damages can reasonably be determined then a demand for payment will be sent to the carrier. If the insurer and your attorney can reach a settlement then the matter will be resolved. If a settlement cannot be reached then litigation may be necessary. The process of settling a claim can take a substantial amount of time and it can be vital that you take the advice of your counsel during this process.
If you or a loved one have been injured while on another’s property then contact our office today to speak with a Fort Worth injury lawyer. Our firm handles a number of slip and fall cases and we focus solely on personal injury cases. We have multiple attorneys who are Board Certified by the Texas Board of Legal Specialization and we employ our own on-staff investigator. We are proud of the level of service which we offer and we look forward to speaking with you. We serve those in Fort Worth, Arlington, Dallas, and throughout the state of Texas.