Slip, Trip and Fall Injuries and the Texas Accessibility Standards: What Counts as a Disability?

A ramp that is too steep, a missing handrail, or a broken curb ramp can cause a serious fall, especially for someone who uses a cane, walker, or wheelchair. Texas has specific accessibility rules for many buildings and facilities. When a fall involves one of those features, whether the injured person has a disability can affect how the claim is analyzed. Here is what to know.

What are the Texas Accessibility Standards?

The Texas Architectural Barriers Act, in Chapter 469 of the Texas Government Code, is intended to make covered buildings and facilities accessible to and usable by people with disabilities. The Texas Accessibility Standards (TAS) are the technical requirements adopted under that law by the Texas Commission of Licensing and Regulation (16 Tex. Admin. Code § 68.10). They cover features such as:

• Ramps, slopes, and curb ramps
• Handrails and stairways
• Walking surfaces and changes in level
• Accessible parking and routes into a building
• Doors, entrances, and restrooms

What counts as a disability under these laws?

Three laws help answer this question.

The Texas Architectural Barriers Act. Chapter 469 states that it relates to nonambulatory and semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination, and aging (Tex. Gov’t Code § 469.001(b)).

The Texas Human Resources Code. Section 121.002(4) defines a “person with a disability” to include a person who has:

• A mental or physical disability
• An intellectual or developmental disability
• A hearing impairment or deafness
• A speech impairment
• A visual impairment
• Post-traumatic stress disorder
• Any health impairment that requires special ambulatory devices or services

The Americans with Disabilities Act (ADA). Under federal law, a disability is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one (42 U.S.C. § 12102(1)). Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working (§ 12102(2)(A)). They also include the operation of major bodily functions, such as the immune, neurological, endocrine, digestive, respiratory, and circulatory systems (§ 12102(2)(B)).

Congress has directed that the ADA definition be construed in favor of broad coverage (§ 12102(4)(A)). A few rules make it broader than many people expect:

• One activity is enough. An impairment that substantially limits one major life activity does not need to limit others (§ 12102(4)(C)).
• Conditions that come and go count. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active (§ 12102(4)(D)).
• Treatment does not erase it. Whether an impairment is substantially limiting is decided without regard to medication, assistive devices, or other mitigating measures, with one exception: ordinary eyeglasses or contact lenses that fully correct vision are taken into account (§ 12102(4)(E)).

Do I have to be on Social Security disability to have a disability?

No. Social Security disability benefits (SSI or SSDI) use a much narrower test that focuses on whether a person can work at all. The ADA uses a different definition, and the U.S. Supreme Court has recognized that the two laws define disability differently (Cleveland v. Policy Management Systems Corp., 526 U.S. 795 (1999)). Many people who have never applied for or received Social Security disability still have a disability under the ADA.

What conditions can be a disability?

Whether a condition is a disability depends on how it affects the person. Conditions that often substantially limit walking, standing, bending, lifting, or seeing include:

• Bad knees, back, or hips
• Arthritis
• Neuropathy from diabetes
• Autoimmune conditions that affect the ability to walk or stand
• Poor eyesight that cannot be corrected with ordinary glasses or contacts

There are many others. Many people who would not describe themselves as “disabled,” such as an older adult with balance problems or someone who uses a cane or walker, may meet these definitions. Medical records are usually what show it.

Why does disability status matter in a fall case?

It can affect whether an accessibility violation helps the claim. In City of Dallas v. Patrick, 347 S.W.3d 452 (Tex. App.—Dallas 2011, no pet.), the court held that a woman who admitted she was not disabled in any way was not a member of the class the accessibility statute was intended to protect, so she could not rely on its alleged violation.

That does not mean a person without a disability has no claim. Anyone hurt by a dangerous condition on someone else’s property may have an ordinary premises liability claim. For a business customer, that generally means showing the owner knew or reasonably should have known of an unreasonably dangerous condition and failed to fix it or warn about it. But for a person with a disability, a fall caused by a non-compliant ramp, handrail, or walking surface may raise additional issues worth examining. Older adults hurt in care facilities may also want to read about nursing home injuries that may not be malpractice claims.

What should I do after a fall on a ramp, curb, or walkway?

• Get medical care right away, and tell your provider about any existing condition or mobility aid you use.
• Photograph the location: the ramp, handrail, curb, or surface, with something in the frame for scale if you can. Note steep slopes, missing or loose handrails, cracks, and uneven transitions.
• Report the fall to the property owner or manager and ask for a copy of any incident report.
• Get witness names and phone numbers.
• Keep records that document any disability or mobility aid, such as prescriptions for a cane, walker, or wheelchair, or a disability parking placard.

Frequently Asked Questions

Does the accessibility law apply to every building?

No. Chapter 469 and the TAS apply to buildings and facilities that fall within the law’s coverage, which includes many public buildings and places open to the public. Whether a particular property is covered, and which version of the standards applies, depends on the building and when it was built or altered. Elevators and escalators have their own inspection rules; see elevator and escalator injuries.

What if the property is owned by a city or county?

Claims against a government entity have special rules. Under the Texas Tort Claims Act, written notice of the claim generally must be given within six months, or sooner under some city charters (Tex. Civ. Prac. & Rem. Code § 101.101).

How long do I have to file a lawsuit?

The general deadline for a personal injury lawsuit in Texas is two years from the date of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). Texas also follows proportionate responsibility, so a person found more than 50 percent responsible for their own injury cannot recover (§ 33.001).

Related reading

• Elevator and Escalator Injuries in Texas: Who Is Responsible?
• Nursing Home and Care Facility Injuries That May Not Be Medical Malpractice Claims

Learn more on our Slip and Fall Accident page.

Talk With Caquias Law Group, PLLC

If you were hurt in a fall on someone else’s property, Caquias Law Group, PLLC can review what happened in a free consultation and explain your options. We have offices in San Antonio and Harlingen and represent injured people across Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.