Reasonableness in slip and fall accidents

On Behalf of | Apr 13, 2021 | Personal Injury

When a slip and fall accident occurs, the victim may deserve financial compensation. To win their case, Texas law requires the victim to prove a number of elements. The standard of reasonableness and reasonable behavior plays into whether a defendant is financially liable for a slip and fall accident.

What is reasonableness in slip and fall accidents?

There are two ways that reasonableness plays a role in slip and fall accidents and personal injury claims. The first question is whether the danger that existed on the property posed an unreasonable risk of harm. A property owner does not act as an insurer for every accident that may happen on their land. Instead, they are only liable for accidents that they can foresee because of unreasonable conditions. When a dangerous condition poses an unreasonable risk of harm, the victim may claim compensation under a legal theory of premises liability.

If the condition poses an unreasonable risk of harm, the next question is whether the defendant acted reasonably in order to reduce the risk of harm and prevent accidents. For example, if a spill occurs, it may be reasonable for workers to fail to clean the spill up for five minutes. However, it may be unreasonable for workers to clean up the spill for 30 minutes. What is reasonable or unreasonable depends on individual circumstances. A high-traffic area must be more cared for than an area where customers aren’t supposed to travel, for example.

Proving reasonableness in a slip and fall accident

To receive slip and fall compensation in Texas, the victim must show how the defendant acted unreasonably. Building a strong case means thoroughly developing not only the facts of what occurred but also explaining how the conduct of the defendant is unreasonable in light of all of the circumstances. With careful case preparation, the victim may build a strong claim and receive the compensation that they deserve.