Imagine stepping onto a property—whether it’s a bustling shopping mall, a friend’s home, or your favorite local restaurant. You expect to be safe, free from hidden dangers or unexpected hazards. But what happens when that expectation is shattered, and you find yourself injured due to a property owner’s negligence? This is where premises liability law comes into play, serving as a crucial safeguard for visitors and a reminder of property owners’ responsibilities.

In Texas, premises liability is a complex area of law that holds property owners and occupiers accountable for maintaining safe conditions on their premises. Whether you’re a property owner seeking to understand your legal obligations or a visitor who has suffered an injury, grasping the nuances of premises liability is essential. Let’s dive into this comprehensive guide to help you navigate the intricacies of premises liability in the Lone Star State.

Understanding Premises Liability in Texas

Premises liability falls under the broader umbrella of personal injury law. At its core, it revolves around the fundamental principle that property owners and occupiers have a duty to ensure their premises are reasonably safe for visitors. This duty extends to various types of properties, including residential homes, commercial establishments, and public spaces.

In Texas, the extent of this duty depends on the visitor’s status, which is categorized into three main groups:

Invitees

Invitees are individuals invited onto the property for the owner’s benefit, such as customers in a store or patients in a hospital. Property owners owe the highest duty of care to invitees. This includes:

• Regularly inspecting the property for potential hazards
• Promptly addressing any known dangers
• Warning visitors about hazards that cannot be immediately fixed

Licensees

Licensees are people who enter the property for their own purposes but with the owner’s permission, like social guests or salespeople. For licensees, property owners must:

• Warn of known dangers that may not be obvious
• Take reasonable steps to protect against foreseeable risks

Trespassers

Trespassers enter the property without permission. While property owners generally only have a duty not to willfully injure trespassers, there are exceptions, particularly when it comes to children. The “attractive nuisance” doctrine, for instance, may hold property owners liable if they fail to secure features that might attract and harm children, such as swimming pools or abandoned equipment.

Types of Premises Liability Claims

Premises liability encompasses a wide range of incidents. Let’s explore some common types of claims:

Slip and Fall Accidents

Slip and fall accidents are perhaps the most well-known type of premises liability claim. These incidents can occur due to various hazards, including:

• Wet or slippery floors
• Uneven surfaces
• Poor lighting
• Loose carpeting or floorboards
• Icy walkways

To prove negligence in a slip and fall case, the injured party must demonstrate that the property owner knew or should have known about the dangerous condition and failed to address it promptly. This might involve showing that the hazard existed for an unreasonable length of time or that the owner’s maintenance practices were inadequate.

For example, if a grocery store customer slips on a spilled liquid that had been on the floor for hours without being cleaned up, the store might be held liable for failing to maintain safe premises.

Negligent Security

Property owners have a duty to provide adequate security measures to protect visitors from foreseeable criminal acts. Negligent security claims may arise when:

• A property lacks proper lighting in parking lots or common areas
• There’s inadequate or malfunctioning security equipment
• Security personnel are poorly trained or absent
• Access to the property is not properly controlled

The key in these cases is proving that the criminal act was foreseeable and that the property owner’s negligence in providing security contributed to the incident. For instance, if an apartment complex in an area with a high crime rate fails to install proper locks or lighting, and a tenant is assaulted as a result, the property owner might be held liable for negligent security.

Defective Conditions

Defective conditions on a property can lead to serious injuries. These may include:

• Faulty staircases or handrails
• Collapsing structures
• Malfunctioning elevators or escalators
• Exposed electrical wiring

Landlords have a particular duty to repair and maintain their properties to ensure tenant safety. This includes addressing known hazards promptly and conducting regular inspections to identify potential dangers. For example, if a tenant reports a loose handrail and the landlord fails to repair it, leading to a fall, the landlord could be held liable for the resulting injuries.

Proving Premises Liability

To succeed in a premises liability claim, the injured party must establish four key elements:

1. Duty of Care

The property owner owed a duty of care to the visitor based on their status (invitee, licensee, or trespasser). This duty varies depending on the visitor’s classification, as discussed earlier.

2. Breach of Duty

The property owner failed to fulfill this duty by not maintaining safe conditions or warning of known hazards. This could involve failing to fix a known problem, inadequate maintenance, or not providing sufficient warnings about potential dangers.

3. Causation

The breach of duty directly caused the visitor’s injury. There must be a clear link between the property owner’s negligence and the harm suffered by the visitor.

4. Damages

The visitor suffered actual harm or losses as a result of the injury. This can include physical injuries, medical expenses, lost wages, and pain and suffering.

Building a strong case requires gathering substantial evidence, which may include:

• Photographs of the hazardous condition
• Surveillance footage
• Witness statements
• Incident reports
• Medical records documenting injuries
• Expert testimony on safety standards

An experienced premises liability attorney can help collect and present this evidence effectively to support your claim.

Defenses to Premises Liability

Property owners may employ various defenses to counter premises liability claims:

Contributory Negligence

In Texas, the doctrine of modified comparative negligence applies. If the injured party is found to be more than 50% responsible for their injury, they cannot recover damages. Property owners may argue that the visitor’s own carelessness contributed to the accident.

For example, if a person is texting while walking and trips over a clearly visible obstacle, the property owner might argue that the visitor’s inattention was the primary cause of the injury.

Assumption of Risk

This defense suggests that the visitor knowingly and voluntarily assumed the risk of injury by engaging in a particular activity or entering a clearly dangerous area. For instance, if someone chooses to walk on a visibly icy sidewalk despite a safer alternative route being available, they might be considered to have assumed the risk of falling.

Trespassing

If the injured party was trespassing at the time of the incident, the property owner’s duty of care is significantly reduced, making it more challenging to prove liability. However, as mentioned earlier, there are exceptions, particularly when it comes to child trespassers and attractive nuisances.

Sovereign Immunity

Government entities may claim sovereign immunity in some cases, which can limit or prevent liability claims against them. However, exceptions exist under the Texas Tort Claims Act, which allows certain types of claims against government entities under specific circumstances.

Damages in Premises Liability Cases

If a premises liability claim is successful, the injured party may be entitled to various types of damages:

Medical Expenses

This includes costs for emergency treatment, hospitalization, surgeries, medications, and ongoing care related to the injury. Both current and future medical expenses can be claimed.

Lost Wages

Compensation for income lost due to time off work for recovery or medical treatment. This can also include loss of earning capacity if the injury affects the victim’s ability to work in the future.

Pain and Suffering

Non-economic damages for physical pain and emotional distress caused by the injury. While more challenging to quantify, these damages acknowledge the impact of the injury on the victim’s quality of life.

Emotional Distress

Compensation for psychological impacts such as anxiety, depression, or PTSD resulting from the incident. This is particularly relevant in cases involving traumatic events or long-term consequences.

Factors that may influence the amount of damages awarded include:

• The severity and long-term impact of the injury
• The degree of the property owner’s negligence
• The injured party’s role in the incident
• The impact on the victim’s quality of life and ability to work

Each case is unique, and damages are calculated based on the specific circumstances and evidence presented.

Seeking Legal Help

Navigating a premises liability claim can be challenging, especially when facing property owners and their insurance companies. Consulting with an experienced Texas premises liability attorney is crucial for protecting your rights and pursuing fair compensation.

An attorney can provide invaluable assistance by:

• Evaluating the strength of your case
• Gathering and preserving crucial evidence
• Negotiating with insurance companies on your behalf
• Representing you in court if a fair settlement cannot be reached
• Ensuring all legal deadlines and procedures are met

Remember, Texas has a two-year statute of limitations for personal injury claims, including premises liability cases. This means you have two years from the date of the injury to file a lawsuit, making prompt legal consultation essential.

For expert legal assistance with your premises liability case, visit our premises liability page.

Conclusion

Premises liability law in Texas serves as a critical protection for visitors and a reminder of property owners’ responsibilities. Understanding your rights and obligations under these laws is essential whether you’re a property owner or someone who has suffered an injury due to unsafe conditions.

Key takeaways include:

• Property owners have a duty to maintain safe premises for visitors
• The extent of this duty varies based on the visitor’s status
• Proving premises liability requires establishing duty, breach, causation, and damages
• Various defenses may be employed by property owners in these cases
• Damages can include medical expenses, lost wages, and pain and suffering
• Seeking legal help is crucial for navigating the complexities of premises liability claims

By staying informed and taking appropriate action, you can protect your rights and ensure justice is served in premises liability cases. If you’ve been injured due to a property owner’s negligence or if you’re a property owner facing a liability claim, don’t hesitate to seek professional legal guidance. Your safety and rights matter, and understanding premises liability law is the first step in safeguarding both.

Remember, each premises liability case is unique, and the outcome depends on various factors. An experienced attorney can help you understand your specific situation and guide you through the legal process. Whether you’re seeking compensation for an injury or defending against a claim, professional legal assistance can make a significant difference in the outcome of your case.

Stay safe, stay informed, and don’t hesitate to reach out for help when you need it. Your well-being and legal rights are too important to leave to chance.

In Houston, like other large cities, there are thousands of residential and commercial properties.

Sometimes, people are injured by something on the property such as in a dog attack while others are injured by the condition of the property.

Owners of buildings, businesses, and property in Texas have a duty to ensure the safety of everyone.

Whether it is inside where:

• Slippery wet floors are not marked
• Areas under renovation or construction are not secured

Or outside where:

• Damaged walkways are in need of repair
• Potholes and cracks are in parking lots and driveways
• Balconies are poorly constructed, under-maintained or require improvements

It could be a grocery store, a strip mall, an apartment building, or a hotel.

Accidents can happen at any time resulting in broken arms, hip injuries, and concussions.

What Should I Do After Getting Injured on Someone’s Property?

At Fleming Law our premises attorneys advocate for individuals who have been injured as a result of negligence on someone else’s property.

Houston business owners, homeowners, and commercial property owners can be found liable for accidents that occur on their property and the resulting injuries and damages.

We pursue full compensation on behalf of our clients through commercial liability insurance, homeowners insurance, and other sources of recovery.

If you are unsure about who may be responsible for your injuries contact us anytime for a free consultation.

Call 737-201-0543.

How We Prove a Premises Liability Claim in Houston

Generally, in order to recover for personal injuries on the property of another in Texas, an injured victim must show that:

• The owner or operator had actual or constructive knowledge of an unsafe condition on the premises
• The condition posed an unreasonable risk of harm
• The owner or operator did not exercise reasonable care to reduce or eliminate the risk
• The failure of the owner or operator of the premises to use such care caused the plaintiff’s injuries.

While wet floors, debris, and obstacles are the sources of many slip and fall injuries that occur in stores and malls, other premises accidents involve negligent security or other negligence.

The Houston premises liability lawyers at our firm represent injured clients who have sustained back injury, neck injury, hip fracture, head injury or other serious injury as a result of negligence.

We see it all the time, dangerous conditions caused by inadequate maintenance, lack of security, or failure to correct hazards and building code violations on the property. Inevitably it leads to:

• Slip and fall or trip and fall: Resulting from liquids or debris on the floor, torn carpet, uneven sidewalks, over-polished slippery floors, or other factors. If the owner knew or should have known of the unreasonably dangerous condition that caused the slip and fall, you might be entitled to compensation.
• Parking lot or parking garage assaults: Resulting from negligent security, inadequate security, negligent lighting, or other business negligence such as valet drivers or negligence in parking garages.
• Stairwell accidents: Resulting from broken or missing handrails, defective stairs, inadequate lighting, or other negligence. Houston, Texas city code regulations are in place to make sure stairwells are safe. Violation of these codes can impose liability upon the property owner.
• Elevator accidents: Resulting from poor maintenance or neglect. It is surprising how many elevator accidents still occur. They usually result from the property owner not spending the necessary funds to make sure they remain safe. City of Houston, Texas regulations require regular inspections and certification. When property owners ignore the law, injuries can occur.
• Roof and Falling object injury: Merchandise or materials falling from store shelves or construction sites cause serious injuries and death. This can be a common problem in the retail industry, especially with so many big-bog, warehouse-type stores in business with merchandise stacked up to the ceiling.
• Attractive nuisances: Many children are injured or killed on the property of another after being drawn there by dangerous conditions that they could not appreciate due to their youth.
• Criminal attacks: We have represented women who have been attacked at apartment complexes. These attacks could have been prevented if the property owner had taken reasonable steps to protect our clients and warn them of the danger the complex owners knew about.
• Swimming pool injuries: Local laws require that pools be secured so that children don’t fall in and drown. Unfortunately, many commercial property owners ignore the law and put kids at risk.
• Balcony injuries: When property owners do not properly maintain balconies, serious injuries, and death often result.
• Bars and Restaurants: When owners do not properly protect their property, death, and injury are possible.

Some of the most common premises liability claims our law firm handles:

• Slip and fall accidents: Slip and fall accidents are the most common type of premises liability claim. These accidents can happen when a person slips on a wet floor, trips over a hazard, or falls because of an uneven surface.
• Dog bites: Dog bites are another common type of premises liability claim. Dog owners have a legal duty to keep their dogs under control, and they can be held liable for injuries caused by their dogs.
• Falls from stairs or ladders: Falls from stairs or ladders can cause serious injuries. Property owners have a legal duty to keep stairs and ladders safe, and they can be held liable for injuries caused by falls from these structures.
• Injuries caused by dangerous conditions on the property: Property owners have a legal duty to keep their property safe for visitors. If a property owner fails to warn visitors about a dangerous condition on the property, and someone is injured as a result, the property owner can be held liable.

These are just a few of the many types of premises liability claims. If you have been injured on someone else’s property, it is important to speak with a premises liability attorney to discuss your legal options.

Types of damages that you may be able to recover in a premises liability case:

• Economic damages: Economic damages are intended to compensate you for your financial losses. These losses can include medical expenses, lost wages, and property damage.
• Non-economic damages: Non-economic damages are intended to compensate you for your pain and suffering. These damages can include emotional distress, loss of consortium, and loss of enjoyment of life.

The amount of damages that you can recover in a premises liability case will depend on the severity of your injuries, the extent of your losses, and the laws of the state where the accident occurred.

It is important to speak with an attorney to discuss your legal options and to get an estimate of the amount of damages that you may be able to recover.

Here are some examples of the types of damages that you may be able to recover in a premises liability case:

• Medical expenses: Medical expenses include the cost of doctor’s visits, hospital stays, surgery, and prescription medications.
• Lost wages: Lost wages include the income that you lost due to your injuries. This can include both your regular income and any overtime or bonus pay.
• Property damage: Property damage includes the cost of repairing or replacing property that was damaged in the accident.
• Pain and suffering: Pain and suffering is the emotional and physical distress that you have experienced as a result of your injuries. This can include things like physical pain, emotional anguish, and loss of enjoyment of life.
• Loss of consortium: Loss of consortium is the loss of the companionship, love, and support of your spouse or significant other. This can be a significant loss, especially if your injuries have left you unable to work or to take care of yourself.

Contact our Houston Premises Liability Lawyer Today!

If you have been injured on someone else’s property in Houston, Texas, you may have a premises liability claim.

Our premises liability attorneys in Houston will listen to you describe the accident, investigate and analyze your case, and explain your options for pursuing compensation.

Contact our premises liability lawyers at Fleming Law for a free case analysis. Or call us at 737-201-0543 to speak to a lawyer today.