What Is Premises Liability and How Does It Apply in Texas?

The legal principle of premises liability requires property owners and those who occupy the property to answer for accidents and injuries that happen because of dangerous conditions on their premises. The field of law governing property owner responsibilities is especially important in Texas, as all owners must provide safe environments for visitors.

Understanding premises liability and how it applies in Texas can help individuals who have been injured due to unsafe conditions on another person’s property seek the compensation they deserve. Our premises liability lawyers are prepared to offer essential support to clients dealing with the intricacies of these legal cases.

Understanding Premises Liability

Property owners must follow premises liability laws that require them to implement reasonable safety measures to avoid accidents and injuries on their properties. Property owners who neglect to prevent injuries through reasonable precautions face legal accountability for any subsequent damage. Some common causes of premises liability cases include:

• Slip and fall accidents due to wet floors, uneven surfaces, or poorly maintained walkways
• Inadequate security leading to assaults or other criminal acts
• Dog bites and animal attacks
• Swimming pool accidents due to lack of proper safety measures
• Dangerous conditions such as broken stairs, exposed wiring, or insufficient lighting

To establish a premises liability claim, the injured party must prove the following:

1. The property owner or occupier owed them a duty of care.
2. The property owner or occupier was negligent in maintaining the property.
3. The negligence directly caused the injury.

How Premises Liability Applies in Texas

Texas premises liability law follows specific guidelines that determine whether a property owner is responsible for an injury on their premises. The level of responsibility depends on the legal status of the visitor, which falls into one of three categories:

1. Invitees

Invitees are individuals who are on the property for the benefit of the owner, such as customers in a store or tenants in an apartment complex. Property owners owe the highest duty of care to invitees and must ensure the property is safe by regularly inspecting for hazards and addressing them promptly.

2. Licensees

Licensees are individuals who enter a property with the owner’s permission but for their own purposes, such as social guests. Property owners must warn licensees of known dangers that are not obvious but do not necessarily have to inspect for hidden dangers.

3. Trespassers

Trespassers are individuals who enter a property without permission. In general, property owners do not owe a duty of care to trespassers except in specific situations, such as when the property contains an “attractive nuisance” like a swimming pool that may entice children.

Texas Comparative Fault Rule

Texas follows a modified comparative fault system, meaning that if the injured party is found partially responsible for their injuries, their compensation may be reduced. Note that the individual will be barred from recovering damages if they are more than 50% at fault.

Common Premises Liability Cases in Texas

1. Slip and Fall Accidents

The most frequent claims in premises liability involve slip and fall accidents. When someone falls on a slippery grocery store floor or trips on an uneven sidewalk at an apartment complex, they may pursue legal action against the property owner.

2. Negligent Security

Landlords and business owners have a responsibility to install sufficient security measures that help prevent criminal activity on their properties. A property owner may face liability if an assault occurs because of insufficient lighting or inadequate security staff presence.

3. Dog Bites

According to Texas’ “one-bite rule,” dog owners are to be held accountable for bites if they knew or should have been aware that their dog displays aggressive behavior. Dog owners are required to implement reasonable measures to stop their pets from attacking others.

4. Swimming Pool Accidents

Swimming pools present significant dangers which pose a particular threat to children. Property owners can face liability for accidents when they neglect to put up adequate fences or warning signs.

5. Retail Store and Business Injuries

Business owners must ensure their premises remain safe for customer visits. The business may face liability if injuries result from hazards like spilled liquids or loose floor mats and poorly maintained equipment.

How a Premises Liability Lawyer Can Help

Premises liability cases can be complex, requiring strong evidence and legal knowledge. A premises liability lawyer can provide critical assistance in the following ways:

1. Investigating the Accident

A lawyer will conduct a thorough investigation to gather evidence such as:

• Surveillance footage
• Witness statements
• Maintenance records
• Accident reports

2. Establishing Liability

Establishing the property owner’s negligence is an essential part of the case. Your lawyer will determine if the property owner had actual knowledge of the dangerous condition or should have reasonably discovered it but did not act appropriately.

3. Handling Insurance Companies

Insurance firms routinely try to decrease compensation amounts or refuse claims entirely. Your attorney will work towards securing fair payment for medical costs and lost income, along with compensation for pain and suffering.

4. Filing a Lawsuit

When settlement discussions fail, a legal representative has the option to initiate court proceedings while representing the injured person. They will present evidence and argue the case to advocate for the highest possible compensation.

5. Assessing Damages

A premises liability lawyer will work with medical experts and financial analysts to calculate the full extent of damages, including:

• Medical bills
• Future medical care
• Rehabilitation costs
• Loss of income
• Emotional distress

6. Overcoming Comparative Fault Challenges

If the property owner argues that the injured party is partially at fault, a lawyer can build a strong case to minimize the impact of comparative negligence and maximize compensation.

Our Premises Liability Attorney is Here to Help Injured Individuals

Premises liability law in Texas is designed to hold property owners accountable for maintaining safe conditions for visitors. Understanding the legal principles can help individuals navigate the complexities of filing a claim. If you or a loved one has been injured due to unsafe conditions on someone else’s property, consulting an experienced premises liability attorney is the best way to protect your rights and seek justice. Contact our office today.