Texas Premises Liability Attorneys

What Is Premises Liability?

Texas requires property owners to follow particular procedures to ensure that their property is secure for visitors. The extent of a property owner’s responsibility may vary depending on the type of visitor that’s entered their property. State law imposes a duty of care on property owners to provide a reasonably safe environment for anyone who enters their property or premises legally.

Texas premises liability law recognizes three different visitor types:

• Invitees. Invitees are individuals who enter a premises with permission to conduct business. The property owner owes them a duty of care.
• Licensees. Licensees are people who visit the premises with permission for their own purposes, like a social gathering. The property owner must prevent or warn them of any hazard that presents a disproportionate risk of harm if the property owner is aware of it.
• Trespassers. These are people who enter a property without permission. They are not owed a duty of care unless they are children, in which case the attractive nuisance doctrine would apply.

There are some cases when determining who is responsible for a premises liability accident can be difficult. Factors such as awareness of any hazards, visitor authorization, and the location of the accident can be unclear and difficult to prove without the proper guidance. Our knowledgeable Texas premises liability attorneys can walk you through these complexities and help you succeed in your personal injury claim.

Common Causes of Premises Liability Accidents

A variety of safety hazards can cause premises liability accidents. Hazardous conditions, if negligently unnoticed or ignored, can result in slips, trips, falls, and other avoidable incidents that can cause serious injuries, including catastrophic injuries. A lack of appropriate signage warning visitors about known dangers can also escalate the risk, as people unaware of these hazards are more likely to be victims of an accident. 

Do not wait to get in touch with Hilliard Law if you or a loved one sustained injuries due to any unsafe condition, such as:

• Cracked, worn, or broken sidewalks, patios, or steps
• Unsound decks or balconies
• Unfenced swimming pools or pools with too few lifeguards
• Defective or malfunctioning escalators
• Faulty electrical wiring
• Dangerous animals
• Criminal activity made possible by a lack of adequate security
• Unsafe construction sites or work environments
• Poor lighting or a lack of security cameras

Common Types of Premises Liability Accidents

Premises liability accidents can take many forms, each with its own set of circumstances and legal implications. Our legal team is well-versed in dealing with various types of accidents, from straightforward slip and fall incidents to potentially more complex cases involving negligent security.

Common types of premises liability accidents include:

• Slip and fall accidents. These are among the most common premises liability accidents. They occur when a person slips on a wet floor, icy sidewalks, or slick substances and falls, potentially causing serious injuries. They can also occur if someone trips on uneven flooring or other obstacles.
• Elevator and escalator accidents. These occur when elevators or escalators in a building malfunction due to poor maintenance. Injuries can range from minor to severe, including fractures, head injuries, or in some cases, even fatalities.
• Swimming pool accidents. Inadequate supervision, broken gates, poor lighting, or the absence of warning signs near a pool can lead to accidents, such as slips, falls, or even drownings.
• Dog bites. When a dog bites a visitor in Texas, the owner can be held liable if they knew the dog was dangerous and did not take adequate precautions to prevent an attack.
• Construction site accidents. Construction sites can be dangerous places for both workers and pedestrians. Accidents can occur due to falling objects, equipment malfunction, or unsafe structures.
• Negligent security incidents. This involves situations where inadequate security measures on a property lead to injury or harm. For instance, insufficient lighting in a parking lot could result in a mugging, or a lack of security personnel may permit a violent incident to occur. If it can be proven that a reasonable level of security could have prevented these incidents, the property owner can be held responsible under premises liability law.

Who is Liable for Premises Liability?

In premises liability cases, liability can extend to various parties depending on the specific circumstances of the incident. Here's an explanation of who can be held liable:

1. Property Owners: The primary responsibility for maintaining safe conditions on the premises lies with the property owner. This includes individuals who own homes, businesses, vacant lots, or any other type of property.
2. Tenants and Occupiers: If the property is leased or rented, tenants or lessees may also share responsibility for maintaining safe conditions within the areas they control. This typically includes the interior of leased spaces and sometimes exterior areas under their lease agreement.
3. Property Management Companies: Companies hired to manage and oversee the property, such as handling maintenance, repairs, and ensuring safety compliance, may bear liability if their negligence contributed to the injury.
4. Business Operators: In cases where the injury occurs on commercial premises (e.g., retail stores, restaurants), the business operating on the property may be liable. This is particularly true if the injury resulted from a hazard related to the business's operations or negligence in maintaining safe conditions.
5. Contractors and Maintenance Companies: Outside contractors or maintenance companies hired to perform work on the premises may be held liable if their actions or failure to adhere to safety standards directly caused the injury.
6. Government Entities: If the injury occurs on property owned or managed by a government entity (e.g., public parks, government buildings), special rules and procedures apply. Claims against government entities often involve specific notice requirements and limitations on liability.

When Does a Property Owner Become Liable for Unsafe Premises in Texas?

You may be entitled to compensation for premises responsibility if you were hurt while on someone else’s property. Typically, you must file a claim of negligence against the property owner to be compensated for your damages through premises liability.

To establish premises liability, you must show the following:

• The property featured an unreasonably dangerous hazard
• The owner was aware of the risk either due to direct or indirect knowledge
• The owner did not fix or mitigate the danger with reasonable care
• Because of that risk, you were injured

Our team can assist with preparing a solid case with evidence supporting your claim. With an experienced lawyer working with you, you may be able to demonstrate a stronger claim and persuasively present your proof.

What If My Child Was Injured on Someone Else's Property?

Under Texas law, property owners have a heightened duty of care towards children who might be attracted to dangerous conditions on their property, even if those children are trespassing. This is known as the attractive nuisance doctrine. Examples of attractive nuisances include swimming pools, trampolines, and other features likely to attract children.

Property owners are expected to take reasonable steps to prevent harm to children who may be lured onto their property by an attractive nuisance. This duty includes ensuring that such hazards are secured or made inaccessible to children or adequately warning of the dangers.

If a child is injured due to a hazardous condition that the property owner knew about or should have known about, and the owner failed to take reasonable steps to prevent harm, the property owner may be held liable for the child's injuries. This liability can extend to property owners, tenants, or anyone responsible for maintaining the property.

What Damages Are Available from Texas Premises Liability Lawsuits?

Premises liability claims can affect a number of aspects of your life. Because of this, you may be able to recover a variety of types of damages, including economic and non-economic damages. Economic damages involve those that can be calculated, such as adding up medical bills and the amount of income you lost due to missing work. Non-economic damages include factors that are difficult to quantify, such as pain and suffering. Our Texas premises liability lawyers can help you accurately calculate these damages and fight to get you what you deserve.

We can help you secure full and fair compensation for all economic and non-economic damages, including:

• Medical care costs
• Medications
• Lost income
• Pain and suffering
• Emotional distress

Are Premises Liability Cases Affected by Comparative Negligence in Texas?

Comparative negligence applies to any type of personal injury claim, including premises liability. This means your damage award may be reduced if you are considered partially negligent. However, you will still be entitled to compensation as long as you are not more than 50% responsible.

At Hilliard Law, our lawyers have been helping victims of personal injury since 1985. We know how to fight for you, so call (361) 882-1612 or contact us online today.