Texas Premises Liability Law

The updated Texas premises liability law reiterates that property owners owe a responsibility and duty of care to their visitors, whether it be private or commercial property. Premise liability law refers to the legal responsibilities of property owners when visitors suffer injuries while on their premises. It’s important that victims work with an experienced lawyer to help them navigate potential premises liability claims when accidents occur.

What Is Premises Liability?

The legal responsibility of property owners is to ensure that their premises are free from hazardous conditions that could cause injury to visitors. These types of claims typically arise from accidents that occur due to:

• Slip and Fall Incidents: This includes wet floors, poorly lit areas, and uneven walkways.
• Inadequate Maintenance: Negligence in maintaining structures or equipment could be dangerous.
• Defective Conditions: Dangerous conditions like unsecured railings, unprotected pools, or broken stairs can lead to accidents.
• Animal Attacks: This is the result of property owners who fail to control or appropriately restrain their animals.
• Failure to Warn. This occurs when the property owner fails to warn visitors about known dangers, such as poorly marked hazards or loose flooring.

Duty of Care and Legal Status of Visitors

Texas law clarifies the difference between the three different types of visitors, each of whom is owed a different level of care by the property owner. The types of visitors are:

• Invitees: Earning the highest level of duty of care, invitees are on the property for a purpose that benefits the property owner. Owners must not only avoid creating hazards but also regularly inspect the premises and address any potential risks.
• Licensees: This type of visitor enters the property with the owner’s consent but not for the owner’s benefit. Owners owe these visitors a warning of any hidden dangers they are aware of, but they are not required to inspect the premises for any potential hazards.
• Trespassers: This is someone who enters the property without permission. Property generally does not owe trespassers a duty of care, except in very specific situations.

The Role of Negligence in Premises Liability Cases

The injured party must prove that the property owner was negligent in order to succeed in a premises liability case. Negligence occurs when a property owner fails to meet the duty of care owed to the visitor. Key elements of this include:

• Duty of Care. The property owner has a duty of care for most visitors who step on their property. Their duty is to maintain a safe environment and give adequate warning of any hazards they know about. The level of duty they are required to give depends on the classification of the visitor.
• Breach of Duty. This occurs when a property owner fails to uphold their duty of care. For example, if a property owner either knew or should have known about a dangerous condition on their property and failed to address it in a reasonable amount of time, they have breached their duty of care.
• Causation. The victim of the injury must be able to prove that the breach of duty was the cause of their injury. They must do this by showing that if the property owner had fixed or addressed the condition, the injury would not have occurred.
• Damages. The injured party must also show that they suffered damages as a result of the injury. This can include medical bills, lost wages, pain and suffering, and other related expenses.

Overcoming Common Defenses in Premises Liability Cases

When pursuing a premises liability claim, you may encounter common defenses property owners use to avoid liability. Here’s how these defenses may be countered:

• Challenging Lack of Notice. Even if a property owner claims they were unaware of the hazard, you can argue they should have known through reasonable inspections or maintenance practices.
• Addressing Open and Obvious Hazards. If the owner asserts the condition was “open and obvious,” evidence of distraction, poor lighting, or other contributing factors may demonstrate why the hazard was not avoidable.
• Disproving Assumption of Risk. If the property owner claims you assumed the risk of injury, evidence showing you were unaware of the specific danger or that the risk was unreasonably high can strengthen your case.

FAQs

What Is the Premises Liability Law in Texas?

The Texas premises liability law holds owners responsible for injuries that occur on their property. It is required by law that property owners maintain their property in a safe condition. Failing to do so can result in legal consequences. If an injured person is able to prove negligence by the property owner, they will be considered to be at fault for the injury.

What Is The Host Liability Law in Texas?

The host liability law in Texas holds hosts accountable for the actions of their guests who become intoxicated at their event. This law also holds owners liable if they serve alcohol to minors. The full extent of this law is based on the Texas Alcoholic Beverage Code 2.02. Any host who violates this law can face legal consequences, depending on the circumstances of the case.

What Is Comparative Negligence in Texas?

The state of Texas follows a modified comparative negligence law, meaning that if an injured party is found reasonably responsible for their injury, they may face a reduction in the compensation they receive. If they are found to be a majority at fault for their injury, they may completely lose their right to pursue compensation.

What Is an Example of Premises Liability?

An example of premises liability is an uneven sidewalk in the parking lot of a restaurant. If an owner of a restaurant knows that the sidewalk is uneven, does nothing about it, and a customer trips and falls on that sidewalk, they can be held liable for the injuries the victim sustained. The victim can then pursue a personal injury claim against that owner for damages.

Contact Renick Law Firm, PLLC

If you have suffered an injury while on someone else’s premises, you need the guidance of an experienced premises liability lawyer. The attorneys at Renick Law Firm, PLLC, are well-versed in Texas law and are skilled in helping clients recover the damages they deserve. Contact our office to connect with one of our lawyers today.