How Comparative Negligence Can Affect a Slip and Fall Case in Texas

Slip and fall accidents can happen almost anywhere, from grocery stores and restaurants to apartment complexes, workplaces, and parking lots. When a dangerous condition on someone else’s property causes an injury, the property owner or occupier may potentially be held responsible under Texas premises liability law.

But what happens if the property owner argues that the injured person was partly responsible for the accident?

This is where comparative negligence, known in Texas law as proportionate responsibility, can become important. Depending on the circumstances, an injured person’s own actions may affect how much they can recover in a slip and fall claim.

Understanding how comparative negligence works can help Texas residents better understand what may happen after a slip and fall accident.

What Is Comparative Negligence?

Comparative negligence generally refers to a legal system in which responsibility for an accident can be divided among the people or entities involved.

Texas uses a proportionate responsibility system. Under Chapter 33 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if the claimant’s percentage of responsibility is greater than 50%.

If the injured person is found to be 50% or less responsible, their damages are generally reduced according to their percentage of responsibility.

For example, suppose a jury determines that a person suffered $100,000 in damages after slipping on a dangerous condition at a business. If the injured person is found to be 20% responsible for the accident, the damages would generally be reduced by 20%, leaving $80,000 before any other applicable reductions or legal considerations.

If the injured person is found to be 51% responsible, however, Texas law generally bars recovery under the proportionate responsibility statute.

The exact outcome of a case depends on the facts and evidence involved.

How Does Comparative Negligence Apply to a Slip and Fall?

In a Texas slip and fall case, the property owner may argue that the injured person contributed to the accident.

For example, a property owner might claim that the person:

• Failed to pay attention to where they were walking
• Ignored a warning sign
• Walked through an area that was clearly marked as hazardous
• Was distracted by a phone or another activity
• Was wearing footwear that contributed to the fall
• Knew about the dangerous condition but chose to encounter it anyway
• Failed to take reasonable precautions after noticing the hazard

These arguments do not automatically mean the injured person was negligent or responsible for the accident.

The evidence still matters.

Texas law requires the factfinder to determine percentages of responsibility for each claimant, defendant, settling person, and designated responsible third party when the evidence supports doing so. This means responsibility can potentially be divided among multiple parties rather than automatically being placed entirely on the injured person or property owner.

What Does a Property Owner Have to Prove?

Comparative negligence does not eliminate the need for an injured person to establish the elements of a premises liability claim.

In Texas, the duty a property owner owes can depend on the injured person’s legal status on the property. For example, an invitee generally is someone who enters property with the owner’s knowledge and for a mutual benefit.

Texas courts have explained that a landowner generally owes an invitee a duty to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a premises condition that the owner knows about or reasonably should know about.

That can make the property owner’s knowledge an important issue in a slip and fall case.

For example, imagine a grocery store customer slips on a puddle in an aisle. The case may involve questions such as:

• How long was the substance on the floor?
• Did an employee know about it?
• Should an employee have discovered it during reasonable inspections?
• Were there warning signs?
• Was the condition concealed or difficult to notice?
• Did the store have procedures for identifying and cleaning spills?
• Did the store follow those procedures?

The Texas Supreme Court has recently addressed these types of knowledge issues in slip and fall cases. In Albertsons, LLC v. Mohammadi, the Court explained that the relevant dangerous condition was the wet floor at the time and place of the injury, rather than simply the earlier circumstance that may have created the wet condition.

This illustrates why the specific facts surrounding a fall can matter significantly.

Can an Injured Person Be Partially Responsible for a Slip and Fall?

Yes.

Texas law allows a claimant to be assigned a percentage of responsibility when the evidence supports that finding.

Consider a hypothetical example.

A customer slips on a liquid spill in a grocery store. The customer suffers $50,000 in damages. The evidence establishes that the store was 80% responsible for the circumstances that caused the accident, while the customer was 20% responsible.

Under Texas’s proportionate responsibility system, the customer’s $50,000 in damages would generally be reduced by 20%, resulting in $40,000 before considering other applicable issues.

The percentage is not automatically determined simply because someone fell. It depends on the evidence and the facts presented in the case.

What If the Hazard Was Open and Obvious?

An important issue in some Texas premises liability cases is whether the injured person knew about or should have recognized the dangerous condition.

Texas courts have addressed situations involving open and obvious conditions and the knowledge an injured person may have had about a hazard.

However, the legal effect of a person’s knowledge can depend on the specific circumstances of the case, including the type of claim, the person’s status on the property, the condition involved, and whether the property owner had a duty under the circumstances.

For that reason, seeing a hazard does not automatically answer every question in a premises liability case.

The circumstances surrounding the accident still need to be examined carefully.

Evidence Can Be Important in a Comparative Negligence Dispute

When a property owner argues that an injured person was partly responsible for a fall, evidence can become especially important.

Useful evidence may include:

Photos and Videos

Photographs of the dangerous condition can help show what caused the accident and whether the hazard was visible.

If possible, photos should be taken as soon as reasonably possible because conditions can change quickly. A spill can be cleaned, a broken surface can be repaired, or warning signs can suddenly appear.

Surveillance Footage

Many businesses use security cameras. Surveillance footage may show the condition before the accident, the accident itself, and what employees did before and after the fall.

Preserving this evidence can be important because businesses may not retain footage indefinitely.

Witness Information

People who saw the accident or observed the dangerous condition may be able to provide important information about what happened.

Their contact information should be preserved when possible.

Incident Reports

Businesses may create an incident report after a customer is injured. The report may contain information about the accident, the location, employees who responded, and the condition involved.

Medical Records

Medical documentation can help establish the nature and extent of injuries caused by the accident.

Prompt medical attention can also create a record connecting the injuries to the incident.

Documentation of the Location

Information about the location can help establish whether the dangerous condition was difficult to see, whether warning signs were present, and whether the area was being maintained appropriately.

Why Insurance Companies May Raise Comparative Negligence

After a slip and fall accident, an insurance company or property owner may argue that the injured person contributed to the accident.

This can affect how the claim is evaluated.

For example, an insurer may argue that the injured person should have noticed a wet floor, should have walked around an obstacle, or should have been paying closer attention.

These arguments are not necessarily the final word on whether someone is legally responsible.

The question is not simply whether the injured person could have behaved differently. The circumstances of the entire accident matter, including the property’s condition, the property owner’s knowledge, warnings, maintenance practices, and the actions of everyone involved.

Comparative Negligence Does Not Automatically Mean You Lose Your Case

One of the biggest misconceptions about comparative negligence is that being partially responsible automatically prevents an injured person from recovering damages.

That is not how Texas’s proportionate responsibility system generally works.

If a claimant is found to be 50% or less responsible, Texas law generally permits recovery, subject to a reduction corresponding to the claimant’s percentage of responsibility.

If the claimant’s percentage of responsibility is greater than 50%, Texas law generally bars recovery under Section 33.001.

Because even a percentage allocation can significantly affect the amount recovered, arguments about responsibility can become an important part of a slip and fall case.

What Should You Do After a Slip and Fall?

If you are injured after falling on someone else’s property, there are several practical steps you can take.

Seek Medical Attention

Some injuries may not be immediately obvious after a fall. Seek appropriate medical care and follow your healthcare provider’s instructions.

Report the Accident

Notify the property owner, manager, or appropriate employee about the accident and ask whether an incident report is being created.

Take Photos

Photograph the area where you fell, the dangerous condition, warning signs, lighting, flooring, and anything else that may help show what happened.

Gather Witness Information

If someone saw the accident, obtain their contact information if possible.

Preserve Your Clothing and Shoes

Do not immediately throw away the shoes or clothing you were wearing when the accident occurred. Depending on the circumstances, they may provide evidence about the incident.

Be Careful About Statements

Property owners, insurers, or their representatives may ask questions about how the accident happened. Avoid guessing about what caused the accident or making statements about who was responsible before you understand the circumstances.

Keep Your Records

Keep medical records, bills, photographs, correspondence, incident reports, and other documents related to the accident.

How Brasure Law PLLC Can Help With a Texas Slip and Fall Case

A slip and fall case can involve more than simply proving that someone fell and was injured.

The circumstances surrounding the dangerous condition, the property owner’s knowledge, whether reasonable care was taken, and whether anyone else contributed to the accident can all matter.

Comparative negligence can add another layer to the case because the injured person’s own actions may be examined when determining responsibility.

Brasure Law PLLC represents personal injury clients in McAllen, Edinburg, and throughout the Rio Grande Valley. Our team can review the circumstances surrounding your slip and fall, help identify the parties who may be responsible, and explain your legal options.

Injured in a Slip and Fall? Contact Brasure Law PLLC

If you were injured after slipping or falling because of a dangerous condition on someone else’s property, you do not have to navigate the legal process alone.

Brasure Law PLLC can help you understand how Texas premises liability and proportionate responsibility laws may apply to your situation.

Contact Brasure Law PLLC for a confidential consultation about your potential personal injury claim.

Serving clients in McAllen, Edinburg, Pharr, and throughout the Rio Grande Valley.