Changing Seasons and Personal Injury Cases in Texas

 Posted on October 10, 2024 in Personal Injury

When most people think of Texas, they generally think of heat. However, parts of Texas can have severe winter conditions. As autumn changes into winter, the weather can cause various hazards that must be addressed so no one gets hurt. Property owners have a particular responsibility to maintain safe conditions in the areas they are responsible for. Otherwise, if you end up with an injury because they failed to keep their property safe, you could sue for damages in a premises liability case. To learn more, speak with a knowledgeable Georgetown, TX personal injury attorney.

Common Winter-Related Accidents

Austin rarely sees snow, but temperatures can drop to freezing in the winter. When that happens, puddles gathered from rain can turn into dangerous, icy hazards. Slip-and-falls are the most common accident caused by wintery conditions. If an accumulation of ice is considered "natural" - for example, if it rained for two days straight and then freezing temperatures caused ice to form on a ramp somewhere - that is not something a property owner would be typically liable for.

However, if it is "unnatural" - if a dripping air conditioning unit that was left unrepaired created a puddle on a sidewalk that later became a patch of ice where someone fell - the owner of the property where the faulty unit is located will likely be held responsible. This distinction between natural and unnatural ice accumulation can be complicated to prove, and a reliable attorney can make a big difference in the success of your case.

How Can I Prove Negligence?

Property owners must fulfill a duty of care, ensuring the safety of anyone who visits their property. They need to make every reasonable effort possible to keep their property safe. When a property owner fails to meet this standard, and someone gets injured, the owner might be liable for any damages caused. Unfortunately, it can be very hard to prove negligence for a premises liability claim in Texas, as you need to demonstrate the following four factors:

• The property owner owed a duty of care to the person who was injured.
• The injury was caused by a failure to meet the duty of care.
• The property owner is solely responsible for this breach of the duty of care.
• The injured person was less than 50% responsible for their injuries.

Suppose you can prove those factors and keep documentation of your injury, including medical records and invoices, as well as contact information for eyewitnesses who can corroborate your story. In that case, you can be compensated for the damages you suffered.

Schedule a Free Consultation with an Austin, TX Personal Injury Lawyer

If you are injured because of unsafe conditions as the seasons change, ask an experienced Midland, TX, personal injury attorney if you have a reasonable premises liability claim. At Morales Law Office, Attorneys at Law, PLLC., we fight hard for our clients to get the compensation they deserve when someone else’s negligence causes them harm. Call us at 512-474-2222 to schedule a free consultation.