Premises liability is a legal principle that holds property owners responsible when someone is injured on their property due to unsafe or hazardous conditions. This applies to both private and commercial properties and can include accidents such as slips and falls, dog bites, or injuries from structural defects. Property owners have a duty to keep their premises reasonably safe for visitors.
In simple terms, premises liability means property owners must inspect, repair, and warn about potential hazards. If they fail to do so and someone is injured, the injured party may seek compensation for medical bills, lost wages, pain and suffering, and other damages. Our Houston premises liability lawyer can help victims understand their rights and pursue the compensation they deserve.
Elements of a Premises Liability Claim
To successfully pursue a premises liability claim in Texas, the injured party must prove four essential elements:
- Ownership or Control: The defendant must have ownership or control over the property where the injury occurred. Without this element, a claim cannot be pursued against them.
- Negligence: The property owner or occupier must have acted negligently in maintaining the property. In landlord-tenant cases, this may include violations of Texas Property Code § 92.052 (Landlord’s Duty to Repair or Remedy Conditions Affecting Health or Safety).
- Injury: The plaintiff must have suffered a tangible injury due to the hazardous condition. Examples include broken bones, burns, head injuries, or other physical harm.
- Causation: There must be a direct link between the property owner’s negligence and the injury. If the injury had occurred regardless of the hazard, liability may not exist.
Proving these elements often requires detailed evidence, including photographs, witness statements, maintenance records, and medical documentation. A skilled premises liability attorney can help gather and present this evidence to strengthen your case.
Legal Status of a Visitor
The legal duties a property owner owes depend largely on the visitor’s status:
- Invitee: An invitee is someone who enters a property for mutual benefit, such as a customer in a store or a guest at a hotel. Property owners owe invitees the highest duty of care, including the responsibility to inspect the premises, fix hazards, and provide warnings.
- Licensee: A licensee enters the property with permission but for their own purpose, such as a friend visiting or a delivery person. Owners must warn licensees of known dangers, but are not obligated to inspect the property as extensively as for invitees.
- Trespasser: A trespasser enters without permission. Property owners owe minimal duty, generally only ensuring that trespassers are not willfully harmed. However, children are often treated differently under the “attractive nuisance” doctrine. For example, property owners must secure swimming pools or dangerous machinery to prevent child injuries.
Understanding the visitor’s legal status is critical because it directly affects the property owner’s level of responsibility and the potential outcome of a premises liability case.
Common Premises Liability Hazards
Premises liability claims often arise from predictable hazards. Property owners who fail to address these risks can be held legally responsible under the Texas Property Code and local building codes. Common hazards include:
- Slip and Fall Accidents: Wet or uneven floors, loose carpeting, and slippery surfaces are frequent causes of injuries in homes, stores, and offices.
- Inadequate Lighting: Poorly lit hallways, staircases, and parking lots increase the risk of tripping and falling.
- Unsafe Stairs and Handrails: Broken steps or unsecured railings can lead to serious falls.
- Falling Objects: Items that are improperly stored on shelves or ceilings may fall and injure visitors.
- Animal Attacks: Dog bites or other animal-related injuries often result from inadequate containment or warning systems.
- Poorly Maintained Sidewalks or Parking Lots: Cracked pavement, potholes, and debris can all contribute to accidents.
- Lack of Security: Inadequate security measures can lead to assaults, robberies, or other criminal acts on the property.
Property owners are expected to take reasonable precautions to prevent these hazards. Failure to do so can form the basis for a strong premises liability claim.
Common Injuries from Premises Liability Accidents
Premises liability accidents can result in a wide range of injuries, from minor to catastrophic. Common injuries include:
- Broken bones
- Spinal cord injuries or paralysis
- Traumatic brain injuries or concussions
- Electrical burns or shocks
- Severe cuts or lacerations
- Permanent scarring or disfigurement
- Death in extreme cases
Injuries of this nature can lead to long-term physical, emotional, and financial consequences, including expensive medical treatments, rehabilitation, lost income, and lifestyle changes.
How Much Can a Texas Premises Liability Case Be Worth?
The value of a premises liability case depends on several factors, including the severity of the injury, the degree of negligence, and the long-term impact on the victim’s life. Compensation may include:
- Economic damages: Medical bills, lost wages, rehabilitation costs, and future medical care
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life
Severe injuries or clear negligence often result in substantial settlements or jury awards. Experienced attorneys know how to calculate damages under Texas Civil Practice & Remedies Code §41 and negotiate effectively.
Deadlines for Filing a Premises Liability Claim in Texas
In Texas, the statute of limitations for premises liability claims is generally two years from the date of injury under Texas Civil Practice & Remedies Code §16.003. Cases involving government-owned properties often have shorter deadlines, sometimes as little as six months. Municipalities may impose notice requirements, such as Houston’s 90-day notice or Austin’s 45-day notice.
Failing to meet the statute of limitations or notice requirements usually bars you from recovering damages. Therefore, it is essential to act quickly and consult with a qualified attorney immediately after an accident. A Houston premises liability lawyer can help ensure that deadlines are met and evidence is preserved to support your case.
When to Choose a Premises Liability Lawyer
You should consider hiring a premises liability lawyer if you’ve been injured due to unsafe property conditions or if you are a property owner facing a claim. A Houston premises liability lawyer can help determine liability, gather crucial evidence, and guide you through the legal process to protect your rights and interests. Situations where legal assistance is essential include:
- Serious Injuries: Broken bones, spinal injuries, head trauma, or permanent disability.
- High Medical Expenses: When treatment, rehabilitation, or future care costs are significant.
- Insurance Disputes: If insurance companies are delaying, denying, or minimizing your claim.
- Complex Liability Issues: Multiple parties, unclear responsibility, or property code violations.
- Time-Sensitive Claims: Statutes of limitations or notice requirements, especially against government-owned properties.
Let Us Fight for Your Compensation
Whether you’ve been injured as a tenant, visitor, or guest, or you are a landlord seeking to understand your responsibilities, premises liability can have serious consequences. Our Houston premises liability lawyer develops strategies for both injured parties and property owners to navigate these complex cases and protect your rights.
We simplify premises liability laws and break down your options clearly. Whether through negotiation, settlement, or trial, our strategies focus on achieving lasting results that restore financial stability and protect your long-term well-being. Contact Egbuonu Law Trial Lawyers today and let our experienced team fight for the justice and compensation you deserve.
