Texas Premises Liability Laws

In Texas, the law provides you with certain legal protections when you enter the property of another with certain degrees of permission. The property owner simply cannot subject you to danger or not act reasonably to protect your safety. If they fail to uphold the duty of care that they owe you, they may be legally responsible for paying you for the injuries that you have suffered on their property.

If you have been injured on the property of another, you have the legal right to file a premises liability lawsuit where you would attempt to prove that they were to blame for what happened. If you are successful, you may be eligible for substantial financial compensation for your injuries. The determined personal injury attorneys at Nix Patterson can wage the battle for a settlement check on your behalf against the insurance company that is trying to keep you from receiving it. This is a fight that our premises liability lawyers do not shy away from under any circumstances.

How Does Premises Liability Work in Texas?

Premises liability law gives you the ability to seek financial compensation when you have been hurt on someone else’s property. If you can prove that someone else was negligent, they would take on a legal responsibility to fully pay you for all the damages that they caused.

As soon as you are invited onto the property of another, they assume a legal duty that they owe you, even if they never explicitly gave you the invitation. The mere fact that a property owner has held their property out to you means that you are invited to enter. If they have done something that jeopardizes your safety, you may be able to take legal action against them.

First you need to file a premises liability claim or lawsuit. The responsible party may have had an insurance policy, whether it is a homeowners policy or one that covers general business liability. You may consider going through the responsible party’s insurance company to file a claim. Alternatively, your premises liability lawyer could advise you to begin the legal process with a lawsuit in court. Either way, you would be entitled to compensation when you are able to prove liability.

What Types Of Incidents Fall Under Premises Liability In Texas?

Premises liability law encompasses a diverse range of situations. This area of the law is intended to provide you with a means for obtaining accountability anytime that you are hurt on the property of another. The most common type of premises liability accident is a slip-and-fall. Millions of Americans are injured in falls each year, and many of them occur when you are on the property of another.

Although many people associate only slip-and-falls with premises liability accidents, there are far more situations that are covered, including:

• Patio collapses
• Fires
• Physical attacks
• Dog bites
• Amusement park accidents
• Swimming pool accidents
• Explosions
• Negligent security
• Trench collapses
• Supermarket accidents
• Stairway accidents

While many things fall under the umbrella of premises liability injuries, each case would proceed under the same general legal framework. Before you can qualify for even a dollar in compensation through a settlement agreement, you must prove that the defendant was negligent and their careless actions caused your injury.

What Is Negligence in a Premises Liability Case?

The mere fact that your accident happened does not automatically mean that the property owner was to blame for it. There are times when accidents truly do happen, and nobody is at fault for it. However, if you are able to prove that there was some degree of fault, you become eligible for a settlement check.

To win your premises liability case, you must prove the following four elements:

• Duty of care: There must be a legal relationship between you and the defendant that means that they owe you a duty to use reasonable care.
• Breach of the duty: The defendant breached their duty of Care by doing something that would be considered unreasonable under the circumstances
• Injury: You suffered some type of injury to your person or emotions.
• Causation: You would not have been injured had it not been for the careless actions of the defendant.

For example, a property owner may be liable in a slip and fall case if they personally created the dangerous condition that injured you. Negligence may also mean that they failed to clear that condition created by someone else within a reasonable amount of time after they knew or should have known about it.

You always have the burden of proof to demonstrate that someone else was to blame for your accident. Your premises liability attorney needs to collect evidence that can be used to prove fault. This evidence is not always in your hands at the time of the accident, and your attorney may need to gather it through the litigation process.

Who Can Be Held Responsible In A Premises Liability Case In Texas?

The usual defendant in a premises liability lawsuit is the owner of the property. They are the ones who owe you the duty of care by virtue of their ownership. There are times when the property owner is not in control of the premises, though.

An example of this is when you visit a retail store. The owner of the store likely leases the property. That means the true property owner has little to nothing to do with how the premises are run on a day-to-day basis. Thus, the rule in a premise liability case is that the person who has substantial control over the property is the one who may be liable for your injuries. There are cases where both the owner of the property and the person who was in control can share in the liability for what happened to you.

Other potentially responsible parties include:

• Contractors: The property owner may have hired a third party to perform work on the property and make repairs.
• Product Manufacturers: You may have been injured by a product when you were on the property of another, such as a defective blow dryer provided by a hotel.
• Other Tenants: The actions of others who lease in the same premises could have been to blame, such as a fire started by someone else’s negligence.

An experienced premises liability attorney will conduct an extensive investigation of the incident and determine each responsible party. It is in your best interest to take action against anyone whose negligence contributed to your injuries. This is the prudent course of action to maximize your own financial recovery.

What Duties Do Property Owners Owe To Visitors Under Texas Law?

The duty of care depends on your status on the property at the time of the injury. Texas law has three different standards that may potentially apply to your case. They are:

• Invitees: This class of visitors receives the highest duty of care. An invitee is when the property owner has held the premises open to you. The most common example is when you visit a business. The property owner must take reasonable steps to ensure that their premises are safe and free from hazards that could cause injury. They must also warn about dangers that they know about or should know about.
• Licensees: This category often encompasses social guests who use the property with the owner’s permission for non-business purposes. The duty of care that the property owner owes you is to warn you of any known dangers on their property, but they do not have a duty to fix them.
• Trespassers: If you are on the property without permission of the owner, they owe you virtually no duty of care. The only thing that they must do is refrain from intentionally injuring you.

Always contact an experienced premises liability attorney to determine whether you may be entitled to compensation for an injury suffered on someone else’s property.

What Should I Do Immediately After Being Injured On Someone Else’s Property in Texas?

The very first thing that you must focus on when you have been hurt on someone else’s property is your health. Premises liability accidents can cause serious injuries that can leave lasting physical damage. It is essential that you see a doctor as soon as possible after the injury to begin your treatment. If you received medical treatment at the scene of the accident, it is essential that you follow up with your doctor and comply with all of their recommendations. Without detailed Medical records, you would not be able to prove your injury to the insurance company or a jury.

Another extremely important step is to contact a premises liability attorney right after your injury. You have a very limited amount of time to compile your case and the proof that you need to demonstrate liability. Slip and fall accidents are especially challenging because the circumstances that cause your fault may not be readily apparent when time has passed after the accident. If you were unable to gather evidence about the incident at the scene, a premises liability attorney would need to act quickly to do so themselves.

Although you do not have to file a claim or lawsuit immediately, you must at least begin to work to put yourself in a position to do so when you are ready. Under Texas law, you have two years from the date of injury, or when you first noticed the injury, to file a lawsuit. However, you should never wait this long to begin the legal process because it would be virtually impossible to prove your case if you start too late. You may find that you have lost valuable evidence that is necessary to demonstrate negligence.

Contact a Texas Premises Liability Attorney Today

If you have been injured in a premises liability accident, the determined attorneys at Nix Patterson can lead the fight for you to receive financial compensation for your injuries. Never make any assumptions that you are not entitled to compensation after a premises liability injury.

Let our premises liability attorneys review your case and determine whether you have a potential right to seek a settlement. You can schedule a free initial consultation with one of our attorneys by reaching out to us online or calling us today at 512-328-5333. There is no fee to you unless you win your case, and you never need to pay anything from your own pocket.