Comparative Fault in Premises Liability Cases

Comparative Fault in Premises Liability Cases: How Detailed Information Can Protect Your Claim

When you’re injured on someone else’s property, understanding how comparative fault works can be the difference between receiving full compensation and having your recovery significantly reduced—or even eliminated. In Texas premises liability cases, the details you provide about your accident can dramatically impact your percentage of fault and, ultimately, your settlement or verdict.

Understanding Comparative Fault in Texas Premises Liability

Texas follows a modified comparative negligence rule under Civil Practice & Remedies Code Section 33.001. This means that if you’re injured on someone else’s property, you can still recover damages even if you were partially at fault—but only if your fault is 50% or less. If you’re found 51% or more responsible, you receive nothing.

Here’s how it works in practice: If you’re awarded $100,000 in damages but found 20% at fault, you’ll receive $80,000. However, if you’re deemed 51% responsible, that $100,000 award disappears entirely.

This is why the details matter so much in premises liability cases.

How Property Owners Use Comparative Fault as a Defense

Property owners and their insurance companies aggressively pursue comparative fault defenses. They’ll scrutinize every aspect of your accident, looking for ways to shift blame onto you. Common arguments include:

• “You weren’t paying attention” – claiming you were distracted by your phone
• “The hazard was obvious” – arguing you should have seen and avoided the danger
• “You were in a restricted area” – suggesting you had no business being where you were injured
• “You were rushing or running” – implying your behavior caused the fall
• “You were wearing improper footwear” – claiming your shoes contributed to the slip

Without detailed information to counter these claims, you may be assigned a higher percentage of fault than you deserve.

The Power of Detailed Information: Real-World Examples

Example 1: The Grocery Store Slip-and-Fall

Vague Account: “I slipped on something wet in the produce section and fell.”

Potential Fault Assigned: 40-50% (for not watching where you were walking)

Detailed Account: “I was walking at a normal pace through the produce section at approximately 2:30 PM on a Tuesday. I had just selected apples from a clearly marked display when I took three steps toward my shopping cart. My right foot slipped on a clear liquid that had pooled on the white tile floor. The area had no warning cones or wet floor signs. The liquid appeared to be water or produce mist, and there were wilted lettuce pieces nearby, suggesting it had been there long enough for produce to deteriorate. The lighting in that corner was dimmer than the rest of the store. I was wearing rubber-soled sneakers with good tread. I was not using my phone or otherwise distracted—I was focused on getting to my cart. After I fell, a store employee arrived within 30 seconds, suggesting they may have been aware of the issue.”

Potential Fault Assigned: 0-15%

Why the Difference?

The detailed account establishes:

• Your reasonable behavior (normal pace, appropriate footwear, not distracted)
• The hazard’s non-obvious nature (clear liquid on white tile, poor lighting)
• The property owner’s negligence (no warnings, employee’s quick response suggesting knowledge)
• The hazard’s duration (deteriorated produce nearby)

Critical Details That Reduce Your Fault Percentage

1. Environmental Conditions

Be specific about:

• Lighting conditions (bright, dim, burned-out bulbs, shadows)
• Weather if outdoors (rain, ice, but also how long after weather cleared)
• Floor or ground surface conditions (wet, oily, uneven, cracked)
• Visibility factors (glare, obstructions, poor signage)

Why it matters: Poor environmental conditions shift responsibility to the property owner for not maintaining safe conditions or providing adequate warnings.

2. Your Actions and Awareness

Document:

• What you were doing immediately before the accident
• Where you were looking and why
• Your walking pace and manner
• Whether anything distracted you (and if so, what)
• Your footwear and clothing
• Any actions you took to try to avoid the hazard

Why it matters: Demonstrating reasonable, careful behavior counters claims that you were careless or inattentive.

3. The Hazard’s Characteristics

Describe in detail:

• Exact location and size of the hazard
• Color, texture, and appearance
• Whether it contrasted with or blended into surroundings
• Any camouflaging factors
• Anything that made it non-obvious

Why it matters: If a hazard wasn’t readily apparent to a reasonable person exercising ordinary care, your fault percentage should be minimal or zero.

4. Timeline and Property Owner Knowledge

Note:

• How long the hazard likely existed (evidence like dried edges, accumulated debris, wear patterns)
• Whether employees were nearby
• How quickly staff responded
• Whether there were previous complaints or incidents (we can subpoena this)
• The property’s inspection and maintenance schedule

Why it matters: Proving the property owner knew or should have known about the hazard is crucial for establishing their negligence and reducing your comparative fault.

5. Warning Signs (or Lack Thereof)

Document:

• Whether warning signs, barriers, or cones were present
• If signs existed, whether they were adequate and visible
• Whether the area should have been closed off
• Industry standards for warnings in similar situations

Why it matters: Lack of proper warnings shifts fault back to the property owner.

The Role of Witness Statements

Detailed witness statements can be powerful evidence. Witnesses can corroborate:

• That you were walking carefully
• The hazard’s non-obvious nature
• How long the hazard was present
• Property owner or employee knowledge
• Lack of warnings

Immediately after an accident, gather contact information from anyone who saw what happened or observed the conditions.

Photographic and Video Evidence

Visual evidence is invaluable for reducing comparative fault. Photographs should capture:

• The exact hazard from multiple angles
• The surrounding area showing context
• Lighting conditions
• Your sight lines as you approached
• Lack of warning signs
• Your footwear and clothing
• Any injuries visible at the scene

Take photos immediately if possible, or have someone return to the scene soon after to document conditions.

Medical Documentation That Supports Your Case

Detailed medical records can also reduce comparative fault by:

• Documenting injury severity (undermining claims you weren’t seriously hurt)
• Showing injury patterns consistent with your account
• Ruling out pre-existing conditions that might have contributed
• Including your immediate statements to medical providers about how the accident occurred

Common Mistakes That Increase Your Fault Percentage

Mistake 1: Admitting Fault at the Scene

Never say “I should have been more careful” or “I wasn’t paying attention.” These statements will be used against you.

Mistake 2: Giving Vague Accounts

“I don’t really remember” or “It happened so fast” allows the property owner to fill in the gaps with their version of events.

Mistake 3: Failing to Document

Without photos, witness information, or detailed notes, it becomes your word against the property owner’s—and they have more resources.

Mistake 4: Posting on Social Media

Photos of you being active after an accident can be used to argue you weren’t seriously injured or were engaged in risky behavior.

Mistake 5: Delaying Medical Treatment

Gaps in treatment are used to argue your injuries weren’t serious or weren’t caused by the accident.

How Moudgil Injury Law Firm Uses Detailed Information

When you work with experienced premises liability attorneys, we use your detailed information to:

1. Conduct Thorough Investigations: We return to the scene, interview witnesses, review surveillance footage, and consult experts.
2. Obtain Critical Evidence: We subpoena maintenance records, incident reports, employee training materials, and previous complaints.
3. Counter Defense Arguments: For every claim that you were at fault, we present detailed evidence showing the property owner’s negligence.
4. Negotiate From Strength: Detailed documentation makes insurance companies take claims seriously and offer fair settlements.
5. Prepare for Trial: If necessary, we present compelling evidence that minimizes your comparative fault before a jury.

What to Do Immediately After a Premises Liability Accident

To protect your right to full compensation:

1. Seek immediate medical attention and describe exactly how the accident happened
2. Document everything with photos and detailed notes while memories are fresh
3. Get witness contact information from anyone who saw the accident or conditions
4. Report the incident to the property owner or manager and get a copy of the report
5. Preserve evidence including your clothing and footwear
6. Avoid discussing the accident on social media or with insurance adjusters
7. Contact a premises liability attorney before giving any recorded statements

The Bottom Line: Details Determine Outcomes

In premises liability cases, comparative fault can mean the difference between substantial compensation and walking away with nothing. The more detailed information you can provide about the conditions, your behavior, and the property owner’s negligence, the better positioned you are to minimize your percentage of fault.

Insurance companies count on injured parties not understanding how comparative fault works. They rely on vague accident descriptions and lack of documentation to argue that you were primarily responsible for your own injuries. Don’t let this happen to you.

Protect Your Rights with Experienced Legal Representation

If you’ve been injured on someone else’s property in Houston or anywhere in Texas, the premises liability attorneys at Moudgil Injury Law Firm can help. We know how to gather, present, and argue detailed information that reduces your comparative fault and maximizes your recovery.

Don’t let the property owner’s insurance company minimize your claim by exaggerating your fault. Contact us today for a free consultation to discuss your case and learn how we can protect your rights.

Call Moudgil Injury Law Firm today or visit our premises liability practice page to learn more about how we can help you get the compensation you deserve.