If you suffered an injury on another person's property in Texas due to the owner's negligence, you are likely facing medical bills and lost income in addition to your pain and suffering. You may also be dealing with the emotional trauma associated with your injury, and you shouldn't have to pay for another person's negligence or fault.
A premises liability attorney in Texas can help you obtain the compensation you deserve. These legal cases are complex and require specialized knowledge of Texas state laws.
What Is Premises Liability in Texas?
Premises liability is an area of law that makes property owners and managers legally responsible for any harm that others suffer while legally on the property. In Texas, premises liability laws protect people from potential harm on another person's property that results from negligence or dangerous conditions.
While building and property owners typically have primary responsibility in premises liability cases, other parties may also face liability for injuries that occur on their facilities. For example, if someone slips and falls in a store, they may also seek compensation from the store owner or the tenant who rents the space.
In a premises liability claim, the plaintiff's attorney must prove that the property owner or occupant knew or reasonably should have known about the dangerous condition and negligently failed to repair it or warn visitors about it.
Common Types of Premises Liability Cases In Texas
Premises liability claims in Texas involve injuries or accidents that occur due to unsafe or dangerous conditions on someone's property. A premises liability attorney handles many different types of cases.
Slip and Fall Accidents
Slip and fall accidents can occur on any type of property, including private homes, businesses, and public places. These occur as a result of wet or uneven floors, cluttered hallways, inadequate lighting, or other dangerous conditions.
Dog Bites
Texas premises liability law makes dog owners responsible for damages resulting from their dog attacking or biting another person. Dog bite survivors can sue the dog owner for their negligence.
Property Defects
The owner or tenant of a property must maintain safe conditions on the property and repair any hazards, such as loose tiles, cracked stairs, or defective elevators. A dangerous condition on a property can cause serious injuries to visitors.
Other Types of Cases
Other premises liability claims may involve pool accidents, amusement park accidents, gym injuries, or negligent security. Regardless of the specific circumstances of your case, the guidance of an experienced attorney is crucial.
Who Can Be Responsible For A Premises Liability Injury in Texas?
After an injury on another person's property due to negligence or dangerous conditions, determining liability is key to securing your rights. Landholders owe a "duty of care" to those within the land's boundaries.
Property Owners
Property owners are typically the primarily responsible party when it comes to premises liability injuries. This includes residential property owners, commercial property owners, and landlords who own rental properties.
Property Managers
If someone else manages the property, such as a property management company, your attorney can hold them responsible for not adequately addressing any hazards or dangerous conditions.
Tenants
Tenants or lessees may also be responsible for premises liability injuries. If a tenant has control of a property and has the duty to maintain and repair it, they may be liable if an injury occurs due to their negligence.
Different Types of Visitors And Their Legal Rights
In Texas, the law distinguishes between different types of visitors to a property, including invitees, licensees, and trespassers. Each has different rights and protections under the law.
Invitees
An invitee is someone who enters a property with the express or implied invitation of the owner. Invitees are the most protected group under Texas premises liability law. This group includes employees, shoppers, job applicants, and more.
Building owners, tenants, or property managers must use reasonable care when inspecting the premises, identifying very dangerous problems, and protecting invitees.
Licensees
A licensee is someone invited to a property for social purposes or to provide a service, such as a plumber or electrician. Licensees can also sue for premises liability if the negligent party fails to provide a warning about hidden dangers.
Trespassers
Unlike licensees, trespassers are people who enter someone's property without permission. Property owners do not owe trespassers the same duty of care they owe to licensees and invitees.
Children And The Attractive Nuisance Doctrine
In Texas, the attractive nuisance doctrine recognizes that children are naturally curious and unable to determine what is safe and what is not. If a landowner knows that a dangerous condition on their property may attract a young child, they may be liable for damages if the child is injured.
Necessary Elements For A Valid Premises Liability Case
To establish a premises liability case, your attorney must prove that the property owner had actual or constructive knowledge of a dangerous condition and failed to make it safe or warn others about it.
Beyond demonstrating that the dangerous condition caused the injury, your attorney must also prove that you were using the property legally and predictably.
Important Factors To Consider
When evaluating a premises liability case, there are several important factors that must be considered. First, it is crucial to determine whether the property owner had knowledge of the hazard and failed to repair it or warn about it.
It is also important to assess whether the owner had constructive knowledge of the dangerous condition, which means that if they had conducted a reasonable inspection of the premises, they would have discovered the dangerous condition and made it safe.
Finally, it must be examined whether the property owner or their employees created the hazard that caused the injury.
Common Defenses And How To Overcome Them
A negligent party may claim that an injury occurred due to an open and obvious hazard. However, a qualified attorney can gather evidence that strengthens your case and negotiate a favorable settlement.
How A Premises Liability Attorney Can Help You
A premises liability attorney in Texas provides invaluable assistance in navigating the complexities of a case. From investigating the accident to arguing liability, an attorney fiercely protects your rights.
Here’s how a lawyer helps:
- Comprehensive Investigation: They gather evidence, interview witnesses, and document the accident scene
- Negotiation With Insurers: They handle all communication with insurance companies to protect your interests
- Court Representation: They represent you at trial if necessary to obtain fair compensation
- Expert Legal Advice: They provide guidance based on years of experience in similar cases
- Damage Assessment: They calculate the total value of your losses, including future medical expenses
Types of Available Compensation
An experienced attorney can help you seek various types of compensation, including:
- Medical Expenses: Current and future medical bills related to your injury
- Lost Wages: Lost income due to time away from work
- Loss of Earning Capacity: Reduction in your ability to earn money in the future
- Pain and Suffering: Compensation for physical pain and emotional suffering
- Mental Anguish: Damages for psychological trauma and emotional stress
- Disfigurement: Compensation for permanent scars or disfigurement
How Fault Is Determined In Texas
Determining fault in a premises liability lawsuit in Texas is often a complicated process. Legally, property owners must provide visitors with a reasonable standard of care and must take reasonable precautions to make their property safe.
Modified Comparative Negligence
Under the modified comparative negligence rule, if the court finds that you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. An experienced attorney will work to minimize your level of fault to help you maximize your financial recovery.
Factors That Affect Fault Determination
Several important factors affect how fault is determined in a premises liability case. Foreseeability plays a key role, as courts consider whether the accident was something that could reasonably be expected.
The intended use of the property where the injury occurred is also a crucial factor, as owners have different levels of responsibility depending on how their property is supposed to be used. The reason why you were on the property also affects the fault determination, as this establishes your legal status as a visitor.
Finally, the standard of care refers to the reasonable level of care that was expected from the property owner under the specific circumstances.
Important Steps To Follow After An Injury
If you suffered an injury on another person's property in Texas, there are important steps you should follow to protect your legal rights:
- Seek Medical Attention: Get medical treatment immediately, even if your injuries seem minor
- Document the Scene: Take photos of the area where the accident occurred and the dangerous conditions
- Report the Incident: Notify the property owner or manager about the accident
- Gather Information: Obtain contact information from witnesses and save all medical records
What To Avoid After the Accident
After suffering an injury on another person's property, you should avoid several important things to protect your legal case. First, don't speak with insurance companies without consulting with an attorney first, as anything you say can be used against you later.
It's also crucial not to sign any documents or waivers without legal review, as these documents may limit your rights to compensation. Finally, don't wait too long to contact an attorney due to the strict legal time limits that apply to premises liability cases in Texas.
Frequently Asked Questions About Premises Liability Cases In Texas
What Is Premises Liability Insurance?
Premises liability insurance is coverage that businesses and property owners can purchase to protect themselves from potential lawsuits if someone is injured on their property. This insurance can cover a wide range of injuries, from slip and fall accidents to dog bites.
In general, premises liability insurance is intended to cover the costs of medical bills, lost wages, and other damages resulting from a premises liability incident.
While not all property owners need this type of insurance, it can be a valuable asset to protect both the property owner and the injured party in case of an accident.
Can A Property Owner Be Liable When A Dangerous Condition Is Open And Obvious?
The answer is not always clear. Even if a dangerous condition is open and obvious, a property owner may still be liable if they did not take reasonable steps to repair or warn others about the danger.
For example, if a property owner knows that a broken stair railing is dangerous but does not repair it or put up a warning sign, they may still be liable for injuries caused by someone falling down the stairs.
A premises liability attorney can help evaluate your case and determine if you have a valid claim.
What Are Compensatory Damages In Premises Liability Cases?
Compensatory damages are monetary awards intended to make the person whole as if they had never suffered the injury in the first place. These damages can cover a wide range of expenses, including medical bills, lost wages, and property damage. The compensation awarded depends on the extent of the injuries and the circumstances surrounding the incident. Compensatory damages may also include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
What Type of Damage is Emotional Stress?
Emotional stress damages are also known as parasitic damages. If a person has suffered a physical manifestation of emotional stress, such as depression or anxiety, they can add emotional stress as an element of compensation.
Emotional stress damages compensate for the mental suffering that an injury caused and help provide a sense of closure and peace of mind. These damages recognize that injuries can have effects that go beyond visible physical harm.
What Is The Time Limit For Filing A Premises Liability Claim In Texas?
In Texas, the time limit for filing a premises liability lawsuit is two years from the date of injury. If you do not file your case within this timeframe, you may lose your right to seek compensation for your injuries.
It’s important to act quickly and contact a premises liability attorney as soon as possible to ensure that your rights are protected. In some special cases, different time limits may apply, so it is essential to consult with an experienced attorney.
Protect Your Rights With a Texas Premises Liability Lawyer
An experienced Texas personal injury lawyer has the knowledge and experience to handle your case and bring the strength you need to win. They can thoroughly investigate your accident, gather important evidence, negotiate with insurance companies, and represent you in court if necessary.
Don't let insurance companies take advantage of you after a serious injury. Contact DFW Injury Lawyers at (972) 440-2320 today for a free consultation and let them fight for the compensation you may deserve.