Slip and Fall Accident
You slipped and fell on a sidewalk while going to or from a private residence in Houston, or you tripped over broken concrete or pavement in front of a Houston business establishment. Your injuries have made it difficult or impossible to work. You may require medical care that won’t be covered by insurance.
Who is responsible for your losses? What are the duties of property owners with respect to sidewalks, driveways, and other thoroughfares on or in front of their property?
The General Duties of Property Owners in Houston and across Texas
Under Texas premises liability principles, property owners (or persons with authority and responsibility for maintaining property, such as property owners, landlords, and tenants) have certain legal responsibilities toward individuals who come on their property, based on the legal “status” of the visitor. Generally, visitors are classified as:
- Invitees—An invitee is someone who has essentially been “invited” to enter the property for the benefit of the owner/occupier. The invitation may be explicit, such as an invitation to a party or similar event. It may also be implied—customers at a store are considered invitees, as the business implicitly invites them to shop there. Other examples include delivery people, plumbers, or other contractors who enter property to perform services for which they will be paid.
- Licensees—A licensee is typically someone who enters property for their own benefit, such as a social guest or neighbor or a door-to-door salesperson
- Trespassers—A person who enters without permission or legal right is considered a trespasser
Property owners (or persons in control of property) owe the highest duty of care to invitees. The property owner must reasonably inspect the property for any hazards and must either fix any dangers or provide reasonable warning or notice of the dangers.
With respect to licensees, the property owner must also fix any hazard or provide adequate warning, but there is no duty to inspect the premises.
As a general rule, property owners owe no duty to trespassers, except that they may not intentionally or willfully injure such a person or cause injury through wanton disregard for their safety.
Who Has Responsibility for Maintaining a Sidewalk in Houston?
In Houston, as in all cities across Texas, it is the city that replaces broken, cracked, or otherwise defective sidewalks. Unfortunately, that does not mean that a homeowner or business owner will be absolved of liability when a person slips or falls on poorly maintained walkways. The property owner must take reasonable steps to respond to any dangers posed by weather conditions—removing snow or ice or putting salt or sand down to minimize fall risks. The property owner must also monitor sidewalks for potential hazards and reasonably notify city officials if repairs need to be made (or prevent access when dangers are imminent).
At the law offices of Bailey & Galyen, we offer more than four decades of experience to clients in Houston and throughout Texas who suffer any type of personal injury, including losses caused by a slip and fall on carelessly maintained property. Since the inception of our firm, we have recovered hundreds of millions of dollars for injured people throughout the Lone Star State and across the nation.
We will be your advocate throughout the legal process, from the investigation of your accident to the filing of a complaint, and then through trial and the final resolution of your lawsuit. Contact us by email or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
