Premises Liability for Negligent Undertaking

San Antonio Slip and Fall Lawyers

Many people usually believe a premises liability claim results when a person Slips and Falls because of a premise’s defective condition, such as poor lighting, uneven surfaces, or a slippery substance. And these people would be correct. A Slip and Fall is considered the classic premises liability claim. However, if you suffer personal injuries on another’s property it is important to know about all of the possible claims you can make as well as everyone who you can hold responsible. Negligent undertaking is one of these claims you can make to increase your chances of maximizing your compensation. This article will describe generally what a negligent undertaking is and some examples of a negligent undertaking.

What is Negligent Undertaking?

In Torrington Co. v. Stutzman, the Supreme Court of Texas noted that, similar to ordinary negligence, a negligent undertaking requires proof that the defendant owed the plaintiff a legal duty and violated it. Additionally, the Supreme Court of Texas held negligent undertaking exists when a defendant acted in a way that requires the imposition of a duty where one otherwise would not exist. 

The Supreme Court of Texas further clarified the elements needed to show a negligent undertaking existed. To hold a defendant responsible for negligent undertaking you must show:

    • (1) the defendant undertook to perform services that it knew or should have known were necessary for the plaintiff’s protection; 
    • (2) the defendant failed to exercise reasonable care in performing those services; and either
      • (a) the plaintiff relied upon the defendant’s performance, or
      • (b) the defendant’s performance increased the plaintiff’s risk of harm.

Examples of Negligent Undertaking:

    • Imagine a railroad company takes it upon itself to place flashing lights at a railroad crossing to warn the public of the danger of an oncoming train. The railroad took it upon itself to create a duty to travelers. The railroad company was under a duty to keep the flashing lights in good working order, yet the lights do not work. As a result, you are injured because you did not receive warning of an oncoming train.
    • Imagine an HVAC system is leaking in a department store, causing water to leak onto the floor. The property owner hires someone to fix the leak, but a failure to appropriately fix the HVAC system leads to a larger leak. A shopper then Slips and Falls on the leak.
    • An employee sees a shopper needs assistance obtaining a heavy or oddly shaped product. Rather than use a machine lift or request the assistance of another employee, the employee obtains the heavy or oddly shaped product with the shopper. As a result of the product’s weight or odd shape, the shopper is injured.

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. If you are injured as a result of a negligent undertaking it is extremely important to find the right lawyer to represent you in your premises liability claim. Failing to find the best lawyer for your case may result in poor representation, which may ultimately impact how much compensation you are awarded. Stolmeier Law has over 35 years of experience representing premises liability victims in San Antonio and South Texas. So if you or a loved one has suffered serious injuries from a negligent undertaking, contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip and Fall, Call Stolmeier Law.