When you step onto someone else’s property, you have a reasonable expectation of safety. Whether visiting a friend’s home, shopping at a local store, or staying in a hotel, it is the responsibility of the property owner to ensure their premises are safe. Unfortunately, accidents can and do happen, leaving individuals injured and uncertain about who is to blame.
If you got injured on someone else’s property in Texas, determining liability can be complex. This blog is designed to help you understand the legal framework for premises liability, the conditions for establishing fault, and how to protect your rights.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for maintaining safe conditions on their property. When hazards are present, they must address them promptly to prevent harm. If they fail to do so and an injury occurs, the property owner could be held liable for damages.
Premises liability cases cover a wide range of situations, including but not limited to:
- Slip-and-fall or trip-and-fall accidents
- Exposure to unsafe building conditions
- Defective staircases, handrails, or flooring
- Poor lighting leading to unsafe visibility
- Swimming pool accidents
- Dog bites or attacks
Texas premises liability laws emphasize the duty of care property owners, managers, or occupiers owe to those who enter their premises.
Determining Who is Liable
Liability for injuries on another’s property depends on several vital factors, including the visitor’s status and the property owner’s actions or negligence.
Visitor Types
Under Texas law, visitors are generally classified into three categories:
- Invitees - Invitees are individuals who have the property owner’s express or implied permission to enter, such as customers at a store. Property owners owe invitees the highest duty of care, meaning they must regularly inspect the property, address hazards, and issue warnings of any unsafe conditions.
- Licensees - Licensees are individuals who enter the property for their own purpose or benefit but still have permission to be there, such as a social guest. The property owner must warn licensees of known dangers that may not be obvious.
- Trespassers - Trespassers are individuals who enter the property without permission. Generally, property owners owe trespassers the lowest duty of care. However, exceptions exist, such as when a child is injured due to an “attractive nuisance,” like an unlocked swimming pool.
Property Owner Negligence
To establish liability in a premises liability case, you must prove the property owner was negligent. This is done by demonstrating:
- The property owner knew, or should have known, about the hazardous condition.
For example, if a store employee notices spilled liquid but fails to clean or warn customers, the business may be found negligent.
- The property owner failed to repair or warn of the hazard.
Hazards like uneven flooring, broken steps, or unlit parking lots should be clearly flagged, blocked off, or repaired in a timely manner.
- The danger was the direct cause of your injury.
You must show that your injuries stemmed directly from the dangerous condition rather than other unrelated factors.
Common Defenses Property Owners Use
Property owners may attempt to dispute liability using one of the following arguments:
- The condition was open and obvious.
They may argue that the hazard was so apparent that you should have avoided it on your own.
- Comparative negligence.
Texas follows a modified comparative negligence rule, which means your damages can be reduced if you are found partially responsible for your accident. For instance, if you were texting and didn’t notice a hazard, the property owner might claim your inattention contributed to the injury.
- Lack of notice.
Property owners might argue they had no reasonable opportunity to discover or address the hazardous condition before the accident occurred. For example, if another customer spilled liquid and you fell within minutes, the owner might not have had time to address the issue.
Taking Action After an Injury
If you’ve been injured on another person’s property, taking the following steps can significantly strengthen your claim:
- Seek Medical Attention Immediately.
Your health and safety must come first. Quick medical attention not only ensures proper treatment but also creates a record of your injury.
- Document the Scene.
Take photos or videos of the hazardous condition, your injury, and any surrounding details. These visuals are invaluable evidence in proving your claim.
- Report the Incident.
Notify the property owner, property manager, or business operator as soon as possible. Request a copy of any incident report they prepare.
- Gather Witness Information.
If anyone saw the accident, collect their contact details. Witness accounts can corroborate your version of events.
- Consult an Attorney.
Premises liability cases can quickly become complex. An experienced Texas premises liability attorney can help you understand your rights, gather evidence, and negotiate with property owners or insurance companies on your behalf.
Seek Eagle Pass Premises Liability Legal Assistance
If you’ve been injured on someone else’s property, remember that you can seek support. Texas law provides protections for injury victims, but navigating the legal process requires confidence, knowledge, and expertise.
Having a skilled attorney in your corner can make all the difference. At Gonzalez and Associates P.C., we take pride in holding negligent property owners accountable and securing fair compensation for injury victims across Texas.
Contact us today at to schedule a free consultation. We’ll help you understand your options and fight to secure the justice and compensation you deserve.