Premises Liability Laws in Texas

Premises liability is the area of law that deals with the legal responsibilities of property owners and their liability when they fail to meet them. Texas’ premises liability laws are designed to protect people from harm caused by unsafe conditions on others’ property. They extend to various types of properties, including residential homes, commercial establishments, and public property. Understanding these laws can help you navigate your premises liability claim.

Common Types of Premises Liability Claims

Premises liability encompasses various types of situations, some of the most common of which are:

• Slip and fall accidents
• Building collapses
• Swimming pool accidents
• Dog bites
• Elevator and escalator accidents
• Fires
• Amusement park accidents
• Criminal attacks

To win a premises liability case, you must show the property owner or occupier was negligent in causing your injuries.

Common Causes of Premises Liability Accidents

These accidents may occur due to the following:

• Wet or slippery floors
• Uneven or damaged walking surfaces
• Debris or obstacles in aisleways
• Unsafe dog handling
• Failing to put up enclosures around swimming pools
• Inadequate lighting
• Negligent security
• Elevators that are not properly serviced
• Faulty wiring
• Not adhering to building codes
• Failing to follow proper safety measures
• Lack of warning signs

An experienced San Antonio premises liability attorney can review the circumstances surrounding your injuries and who is responsible for your injuries.

Who Is Legally Responsible for Premises Liability Accidents?

Texas’ premises liability laws allow injured victims to seek compensation from various parties, including:

• Property owners who failed to maintain safe premises or prevent hazards
• Property managers who are responsible for overseeing the property
• Contractors who performed negligent construction or repairs
• Tenants who were responsible for maintaining a rented property and failed to do so
• Government entities that failed to maintain public property

Determining liability in these types of cases can be complex, but an experienced lawyer can help.

Legal Responsibilities to Different Types of Visitors

In Texas, the legal responsibility that a property owner owes a visitor depends on their legal status on the property, as follows:

• Invitees – An invitee, such as a store customer, enters the property for commercial purposes. Property owners owe invitees the highest standard of care. They must repair any known or reported hazards, warn about potential dangers when they arise, and regularly inspect the property.
• Licensees – A licensee is someone who has a legal right to be on the property, such as a social guest. Property owners must warn licensees about potential hazards and repair known dangers, though they are not responsible for inspecting the property to find unknown hazards.
• Trespassers – A trespasser is someone who does not have a legal right to be on the property. Trespassers are owed the lowest duty of care. Property owners cannot intentionally harm them.

Legal Options for Obtaining Compensation After a Premises Liability Injury

If you were injured on someone else’s property, you may be able to file a claim with the property owner’s insurance. If you were injured at someone’s home, this could be under their homeowner’s or rental insurance policy. If you were injured on commercial property, you may be able to file a claim under the business’ commercial general liability or umbrella policy. Your San Antonio personal injury lawyer can also discuss the possibility of filing a personal injury lawsuit against the responsible party.

Contact The Aguirre Law Firm PLLC for a Free Case Review

If you were injured on someone else’s property, contact The Aguirre Law Firm, PLLC for a free consultation. We can discuss your legal rights and options to secure compensation for your injuries.