Ask a Lawyer - Archive

While exiting an business in Texas, I fell down a large step and was severely injured. Do I have a case?

Thank you for taking the time to add to our forum. Please note that I am a Texas attorney, and that you should always seek the advice of a local practitioner. Under Texas law, the owner of the premises must have "actual knowledge" of a dangerous condition located on his or her premises to be liable for injuries caused by that dangerous condition. In effect, this actual knowledge often comes in the form of a previous accident. This rule greatly benefits defendants, as a plaintiff usually must show that either another accident occurred regarding that same condition, or that the premises owner subjectively knew of the condition.

However, a premises owner may be legally deemed to be aware of a dangerous condition if the dangerous condition violates a statute. For example, when dealing with Austin, Texas businesses, stairs that are located in the "exit path" must be less than eight inches if there is less than two steps, or between four and seven inches if there are two or more steps, per the local commercial building code. If the stairs on which you injured yourself were in violation of local code, liability may be easier to prove. I urge you to seek the advice of a local attorney as soon as you can.