I slipped and fell. Can I sue?

This is an article written by Farrah and published by The Houston Lawyer Magazine.

Ross v. St. Luke’s, is a significant case for claims by visitors, not patients, hurt while visiting hospitals or medical care facility. Personal injury lawyers, this blog is for you.

A Visitor’s Slip and Fall is not a Health Care Liability Claim
 
By Farrah Martinez

In Ross v. St. Luke’s Episcopal Hosp., No. 13-0439, slip op. (Tex. 2015) the Supreme Court addressed whether a slip and fall premises liability claim, by a visitor, constitutes a health care liability claim (HCLC).  Lezlea Ross, a visitor at St. Luke’s Episcopal Hospital, slipped and fell as she approached the exit doors of the hospital.  She was not a patient of the hospital and was there only to provide companionship to a friend.  As a result of the fall, Ross suffered injuries and filed suit against the hospital under a premises liability theory.  The hospital moved for summary judgment, alleging that Ross’s claim was a HCLC under the Texas Medical Liability Act and her failure to file an expert report under Chapter 74 of the Texas Civil Practice & Remedies Code required dismissal by the law.  The trial court granted the motion and Ross appealed.

The court of appeals affirmed the trial court’s decision, citing Texas West Oaks Hospital, L.P. v. Williams 312 S.W.3d 171 (Tex. 2012).  Previously, the Court decided in Williams that when a safety standards-based claim is made against a health care provider, the Texas Medical Liability Act does not require the safety standards to be directly related to the provision of health care in order for the claim to be a health care liability claim.  Ross appealed to the Texas Supreme Court.

Before the Court, the hospital advanced two primary arguments to support the lower court’s ruling that Ross’s claim is a HCLC.   First, the hospital argued that any slip and fall incident at its facility is directly related to health care because it encompasses the safety of its patients.  Secondly, the hospital asserted that Ross’s claim falls within the health care purview since she specifically alleged that the hospital breached standards applicable to maintain a safe environment for its patients. 

Ultimately, the Court rejected both arguments and concluded that there must be a substantive nexus between the safety standards allegedly violated and the provision of health care.  That nexus requires more than a “but for” relationship.  Ross was a visitor; she was not a patient and received no medical services while on the premise.  She was injured only as a result of physically being present on hospital grounds.

As noted by the Court, the lines between a safety standards-based claim that is not a HCLC and one that is a HCLC are often blurred; the Court provided a lengthy list of nonexclusive factors to consider when evaluating whether a plaintiff’s claim is related to a defendant’s provision of medical or health care and is therefore an HCLC.   

In Ross’s case, the Court held that there was “no substantive relationship to the hospital’s providing of health care,” so Ross’s claim was not a HCLC.   In light of the Court’s finding, Ross was not required to file an expert report and her case was improperly dismissed.  The Court reversed the decision of the court of appeals and remanded the case to the trial court.   
 
Farrah Martinez is the owner of Farrah Martinez, PLLC, where she focuses her practice on personal injury and insurance law.  She is an associate editor for the Houston Lawyer.  


Attorney Farrah Martinez Celebrating Her
 Completion of the Galveston Diva Dash Half Marathon
**Rights Reserved**




Like many of you, I am a runner.  However, most of Houston and Harris County is not setup to travel by foot.  If you do not live near one the city’s amazing running trails, navigating the traffic and dodging cars is often a challenge.  
Running or walking with cars can be dangerous.  The Texas Transportation Code, Chapter 552, outlines the rules of the road for pedestrians aka runners, joggers, and walkers.  This blog post will also tackle the biggest question among those on foot versus those traveling by vehicle:  Who has the right of way?
Here are some tips to avoid an accident and to ensure you are on the right side of the law?
1. Sidewalks.  When there is a sidewalk, you must use it!  A pedestrian may not run, walk or jog along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian. 

2. No Sidewalks.  When there is NO sidewalk, a runner, jogger or walker that is traveling along and on a highway must, if possible, run, walk or jog on: (a) the left side of the roadway; or (b) the shoulder of the highway facing oncoming traffic.       

3. Traffic Control Signals.   A traffic control signal, displaying green, red, and yellow lights or lighted arrows, apply to a pedestrian unless the pedestrian is otherwise directed by a special pedestrian control signal.

4. IF a Control Signal is Present, Pedestrian Right of Way. (a) A pedestrian control signal displaying “Walk,” “Don’t Walk,” or “Wait” applies to a pedestrian;  (b) a pedestrian facing a “Walk” signal can walk, run or job across a roadway in the direction of the signal.  A driver must yield the right-of-way to the pedestrian; and (c)  a pedestrian cannot start to cross a roadway in the direction of a “Don’t Walk” signal or a “Wait” signal.  A pedestrian who has partially crossed while the “Walk” signal is displayed can continue to run, walk or job to a sidewalk or safety island while the “Don’t Walk” signal or “Wait” signal is displayed.

5. Pedestrian Right-of-way at Crosswalk. (A) Drivers must yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:
       
(i) there is no traffic control signal or if it is not working properly; or
(ii) the pedestrian is:
          (a) on the half of the roadway in which the vehicle is traveling; or
          (b) approaching so closely from the opposite half of the roadway as                        to be in danger.

TWO BIG No-Nos
(1) A pedestrian cannot suddenly leave a curb or a place of safety and                   proceed into a crosswalk in the path of a vehicle 

(2) A driver approaching from the rear of a vehicle that is stopped at a                   crosswalk to permit a pedestrian to cross a roadway cannot pass the                   stopped vehicle.
These rules are here to protect the runner as well as the driver.  By staying on the side of the road facing traffic, you can see approaching cars and bicycles and they can see you.  Wear reflective gear when running in the dark.  Stay on the sidewalk when you can and never ever assume that a vehicle is going to stop for you.  If possible, make eye contact with the driver before you proceed.  Let them go by unless they yield to you, and then continue your workout.  

If you or a loved one have been seriously injured while walking or running, call Houston Accident and Pedestrian Lawyer Farrah Martinez at (713) 853-9296.  It takes a runner to understand one!