Who’s Responsible After a Rainy Day?
You’re out shopping or visiting friends and it’s been raining. You’re climbing some steps or walking along a sidewalk or other thoroughfare when you unexpectedly hit a slippery spot and lose your balance, suffering significant injuries.
What are your rights after a weather-related slip-and-fall in Texas? Who is responsible for keeping property safe after a rainy day?
The Duties of Texas Property Owners During Inclement Weather
In Texas, as in all states, the owner or person in control of residential or commercial property has a duty to maintain the premises so as to minimize the risk of injury to anyone legally visiting the property. The duty owed to a visitor in Texas depends on that person’s legal “status,” which will be one of three recognized by law:
- Invitee—An invitee is defined as a person who enters property for the benefit of the owner or person in control of the property. Examples include patrons at a restaurant, shoppers in a retail establishment, and clients in a professional office. A property owner owes the highest duty to an invitee. In Texas, the property owner must use ordinary care to inspect the premises for potential hazards and must either fix any known dangers or provide reasonable warnings.
- Licensee—A licensee is anyone who enters property with permission or legal right but who does so for their own convenience or benefit. Party guests, plumbers, and delivery persons are commonly considered licensees. The duty to licensees does not include an obligation to inspect the premises but only to remedy or provide reasonable notice of any known dangers.
- Trespasser—A trespasser is someone who is on property without permission, legal right, or authority. A property owner has no duty to a trespasser, other than to avoid actions that would intentionally injure the trespasser.
In Texas, liability for injuries suffered in a slip-and-fall are usually based on a legal theory of negligence. The property owner can be found negligent for failing to meet the duties set forth above. In addition, a person in control of property (such as a tenant) can be found liable, even without ownership. There may also be situations where both the owner and the injured party are responsible. In those situations, the comparative negligence principles of Texas will apply, with both parties potentially having different degrees of liability and any damages award being reduced accordingly.
Specifically with respect to rain and snow, the Texas Supreme Court has formulated the “natural accumulation defense” rule. That rule provides that property owners are not responsible for injuries sustained due to “natural accumulations” of snow, ice, rain, or mud because the weather is beyond the control of the property owner. There’s an exception, though, if the property owner has actual or implied notice of any danger related to the accumulation. For example, if the property owner knows or should know that a certain amount of rain will cause flooding, the property owner may have a duty to either remedy the flooding hazard or notify potential visitors of the risk.
Let the Experienced Slip-and-Fall Lawyers at Bailey & Galyen Help You Pursue Full and Fair Compensation for All Your Losses
At the law offices of Bailey & Galyen, we have successfully represented thousands of personal injury victims in Texas and nationwide over the past four decades, including people who have slipped and fallen in rainy or snowy weather. We have a comprehensive knowledge and understanding of how to help injured people protect their legal and financial rights after a slip, trip, or fall. Contact us by email or call our offices. Our phones are answered 24 hours a day, seven days a week.
