How Texas’s Comparative Fault Law Affects Slip and Fall Claims in Corpus Christi

Slip and fall accidents are among the most common types of premises liability claims, but proving liability is not always straightforward. In Texas, comparative fault laws play a significant role in determining compensation for victims who suffer injuries in slip-and-fall accidents. 

Corpus Christi residents seeking compensation must understand how these laws can impact their claims and what steps they can take to maximize their chances of recovery.

What Is Comparative Fault in Texas?

Texas abides by a modified comparative fault rule, meaning that an injured party can recover compensation only if they are found to be 50% or less at fault for their accident. 

If a court determines that the injured party is 51% or more at fault, they are prohibited from recovering any damages. This rule is designed to prevent plaintiffs from collecting compensation if they bear the majority of the blame for their own injuries.

For example, if a slip-and-fall victim in Corpus Christi is awarded $100,000 in damages but is found to be 20% at fault, their compensation would be reduced by that percentage, leaving them with $80,000. However, if they were found 51% at fault, they would receive nothing.

How Comparative Fault Impacts Slip and Fall Cases

Property owners have a legal duty to maintain safe premises for visitors, but injured individuals must also exercise reasonable caution. In a slip and fall case, comparative fault may come into play if the defense argues that the victim contributed to the accident. 

Some common arguments property owners and insurers use to shift blame include:

• The victim was distracted: Claiming the injured party was texting or looking at their phone instead of watching where they were walking.
• The hazard was open and obvious: Arguing that a reasonable person would have noticed and avoided the dangerous condition.
• The victim ignored warning signs: If a business placed signs alerting visitors to a spill or a wet floor, they may claim the victim should have taken precautions.
• The victim was wearing inappropriate footwear: Arguing that improper shoes contributed to the fall, such as wearing flip-flops on a slippery surface.

Defense attorneys and insurance companies frequently use these tactics to reduce or eliminate payouts, making it critical for injured victims to build strong evidence supporting their claim.

Proving Negligence and Minimizing Fault

To counter comparative fault claims, slip and fall victims must provide compelling evidence that the property owner was negligent. Establishing negligence typically requires proving the following elements:

• The property owner owed a duty of care: Businesses and property owners must keep their premises reasonably safe for visitors.
• The owner knew or should have known about the hazard: The dangerous condition must have existed long enough that the owner should have addressed it.
• The owner failed to take reasonable steps to fix or warn about the hazard: If a business neglected to clean up a spill or failed to provide proper warnings, they may be liable.
• The hazard directly caused the victim’s injuries: The accident must have been a direct result of the property owner's negligence.

To strengthen a slip and fall claim, injured victims should:

• Take photos and videos of the hazardous condition before it is fixed or cleaned.
• Obtain witness statements from anyone who saw the accident.
• Seek medical attention immediately to document injuries.
• Request surveillance footage from businesses if cameras captured the incident.

A skilled Corpus Christi slip-and-fall lawyer can help gather evidence and challenge any claims that attempt to place blame unfairly on the injured party.

Comparative Fault and Settlement Negotiations

Insurance companies often use Texas’s comparative fault law to pressure victims into accepting lower settlements. They may claim that the victim was partially at fault, reducing the amount they offer. 

An experienced personal injury attorney can negotiate aggressively to counter these arguments and pursue fair compensation.

Some key damages that slip and fall victims may recover include:

• Medical expenses: Past and future costs for treatments, surgeries, and rehabilitation.
• Lost wages: Compensation for time missed from work due to injuries.
• Pain and suffering: Physical and emotional distress caused by the accident.

By presenting strong evidence and leveraging legal expertise, victims can increase their chances of receiving full and fair compensation.

Protect Your Rights After a Slip and Fall in Corpus Christi

Texas’s comparative fault law can make slip-and-fall claims more challenging, but an experienced Corpus Christi slip-and-fall lawyer can help victims navigate these legal complexities. 

If you or a loved one has been injured in a slip and fall accident in Corpus Christi, the Edwards Law Firm is ready to fight for the compensation you deserve. Contact us today at (361) 320-6752 to schedule a free consultation and learn how we can help protect your rights.