The Supreme Court of Texas Rules for the First Time: No Premises Liability for Ice Accumulation on Business Grounds

Share Article

Dallas-based Feizy Law Office's premises liability attorney Nick Feizy discusses the ramifications of the new Texas Supreme Court decision. This ruling takes the onus away from businesses and puts in on the injured victims.

A condition on a premises owner's property, like a natural accumulation of ice or mud, certainly poses a risk but, as a matter of law, does not present an unreasonable risk of harm.

Nick Feizy, Dallas injury attorney, shows that on May 7, 2010 the Texas Supreme Court delivered an opinion in Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation, Petitioners v. Gary Fair and Linda Fair, Respondents, 310 S.W 3d 411; 2010 Tex. The supreme court stated that: ”A condition on a premises owner's property, like a natural accumulation of ice or mud, certainly poses a risk but, as a matter of law, does not present an unreasonable risk of harm. We reverse in part the court of appeals' judgment and render judgment that the Fairs take nothing.”

In this case, Gary Fair drove his wife to a doctor’s appointment at Scott and White Memorial Hospital the morning after a winter storm. The Fairs walked through the parking lot, across the roadway separating the parking lot from the hospital, and next to a set of stairs leading to the building. There was ice in the parking lot, on the road, and on the steps. After the appointment, Fair left the building to retrieve his car while his wife waited inside. Fair slipped and fell on the road that separated the hospital from the parking lot. The Fairs sued Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation (Scott and White) for damages arising from injuries Fair sustained in the fall (see case above).

This is a milestone because it changes the face of slip and fall cases in Texas, so says slip and fall attorney, Nick Feizy. If the slip was due to natural accumulation of ice, such as from a storm, then the injured victim has no recourse. The Supreme Court basically said that businesses do not have the responsibility to make sure their premises are safe from natural accumulation of ice. Depending on which side one is on, this is a good thing or a bad thing. Obviously, if one is a business entity this decision is in its favor. However, if one is injured as a result of ice on a business property, then this decision would not favor him or her. So, now the pedestrians must be very aware of any ice on business ground because if they are injured as a result then they cannot hold the business owner liable for not making the area safe from the slippery ice.

About Nick Feizy, car accident attorney and Feizy Law Office:
A graduate of Southern Methodist University in Dallas, Texas, Nick Feizy received his bachelors of business administration, double majoring in Finance and Real Estate Finance with a minor in Political Science. He then attended law school at the University of Tulsa School of Law in Tulsa, Oklahoma, obtaining his Juris Doctor degree. Upon passing the bar exam, Nick Feizy, was licensed by the Supreme Court of Texas to practice law in all the courts of the State of Texas. Nick Feizy is also authorized to practice law in the Northern District Federal Court. In the past, Feizy Law Office has had offices in Austin, McAllen, Laredo, El Paso and Amarilo.

For more information on Feizy Law Office or for further professional personal injury advice regarding auto accidents, car accidents, car wrecks, 18-wheeler accidents, motorcycle accidents, motorcycle wrecks, slip and falls, trip and falls, stump and falls, fatal car accidents, fatal car wrecks, fatal collisions, fatal motorcycle accidents or other injuries, contact Nick Feizy, motorcycle accident attorney and visit the website below.

###

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Nick Feizy
Visit website