TEXAS PREMISES LIABILITY ACCIDENT FAQS
We’re here to address some of the most common questions individuals and businesses have about premises liability. Whether you’re a property owner, tenant, or simply someone interested in understanding your rights and responsibilities, this FAQ aims to provide clarity and valuable insights.
Premises liability refers to the legal responsibility of a property owner or occupier to ensure the safety of individuals on their property. This responsibility means that if someone is injured due to unsafe conditions, the property owner may be held liable.
If you’re injured on someone else’s property, you should:
- Seek medical attention immediately for your injuries.
- Document the scene with photos or videos if possible.
- Report the incident to the property owner or manager.
- Gather contact information from any witnesses.
- Consult an attorney to explore your legal options and ensure your rights are protected.
To prove negligence, you must show that:
- The property owner owed you a duty of care.
- They breached this duty by failing to maintain safe conditions.
- This breach directly caused your injury.
- You suffered actual damages as a result.
Common examples include:
- Slip and fall accidents due to wet floors or uneven surfaces.
- Injuries from falling objects.
- Accidents due to inadequate maintenance, like broken handrails.
- Dog bites on the property.
- Swimming pool accidents.
The property owner is not always liable. Liability depends on the circumstances, including the status of the injured person (invitee, licensee, or trespasser) and whether the owner took reasonable steps to prevent harm.
- Invitee: A person invited for mutual benefit, such as a store customer. The owner owes the highest duty of care to an invitee.
- Licensee: A person on the property with permission but for their own purposes, like a social guest. Owners must warn licensees of known dangers.
- Trespasser: Someone on the property without permission. The owner owes a limited duty, typically only to avoid willfully causing harm.
The statute of limitations in Texas is 2 years from the date of the injury. It’s crucial to consult legal counsel promptly.
Damages can include:
- Medical expenses: Costs for treatment of injuries.
- Lost wages: Compensation for income lost due to the injury.
- Pain and suffering: For physical and emotional distress.
- Other compensatory damages: Depending on the specifics of the case, such as loss of enjoyment of life.
Understanding these aspects of premises liability can help property owners, business owners, plaintiffs, and the general public better manage risks and protect their rights. If you have more questions, consider consulting with a legal professional specializing in premises liability.