Premises Liability Lawyers
Texas law holds property owners and managers liable for injuries, accidents, and deaths if an accident occurs on their property. The liability is derived from the owner’s or manager’s responsibility to keep a safe property and to provide a duty of care to those who are there lawfully.
If you were injured on someone else’s property in Texas, there should be an investigation to determine if the owner or manager was negligent. Contact a premises liability attorney at The Francis Firm to find out if you have a case.
Texas Premises Liability Overview
Premises liability is a part of Texas law that says a property owner or manager could be liable if someone is injured on their property. However, this does not mean the owner or manager is always responsible; not every owner is negligent when someone is injured on their property.
To understand if you have a valid claim, it is essential to know if you were on someone else’s property when the incident happened. ‘Premises’ includes every part of a property, such as buildings, land, and other improvements or structures. So, for example, you may be on another person’s property on a sidewalk, lawn, or in a building.
There are all kinds of premises where you could be injured, such as a business or another person’s home, by a swimming pool, or on a boat. You also could be hurt in a grocery store, theater, amusement park, or stadium. Your claim could be against the property owner, manager, commercial tenant, or repair vendor. There could be more than one person or entity liable, as well.
Premises liability cases in Southlake are complicated. So, reviewing your case with a premises liability lawyer is always wise. However, the consultation is free, so there is nothing to lose.
Who Can Be Liable For Premises Liability Claims
There can be several parties liable if you are injured on someone else’s property:
- Owner. The owner is often the one who is responsible for property injuries.
- Tenant. Personal and residential properties may be leased to other people and companies. If you are hurt on leased property, the tenant could be responsible.
- Maintenance provider. Owners and tenants may contract repair and maintenance to someone else. The vendor could be liable if you were hurt because of a dangerous defect or condition due to poor maintenance.
Were you hurt in someone’s private home? Then the premises liability case could be simple. However, in other cases, liability can be more challenging to determine.
Texas Premises Liability Laws
Another vital part of a potential premises liability case in Texas is why you were there. The manager’s or owner's legal duty may be different based on why you were on the property. Depending on the situation, you could be defined as a:
- Licensee. Someone on the property with the permission of the owner or manager for non-commercial reasons. For example, you were a guest of the owner when the accident happened.
- Invitee. Someone on the premises with the owner’s or manager’s consent for a business reason, such as to fix the air conditioner.
- Trespasser. Someone who was on the property without permission, such as if a person breaks into a convenience store after hours.
Were you a trespasser? The owner or manager has a limited duty of care toward you. They are not obligated to keep you safe when you were not supposed to be there.
If you were a licensee or invitee when you were hurt, it is helpful to think of yourself as a guest or customer. In these scenarios, the owners or managers have a duty of care toward you. They are required to ensure the property is safe. If they were aware of a dangerous condition, they must warn you.
In many accidents, the injured party can only hold the owner liable for problems they were aware of. But if you were an invitee, it is possible to hold the owner responsible for dangers they possessed constructive knowledge of.
Several factors affect the legal duty the owner or manager had to you when the accident happened. That’s why it’s essential to have your case reviewed by a licensed premises liability attorney.
Open And Obvious Hazards
The owner or manager of the property is not always negligent when someone is hurt. A Texas premises liability law exception is when a hazard is open and obvious. The owner isn’t liable for the accident if you were injured by something evident to a reasonable person.
The danger is considered to be open and prominent if visible to someone with normal eyesight. For example, if you slipped and fell in a puddle of tomato juice on a white floor in HEB, this may be considered an open and obvious hazard.
However, if you have limited vision or other limitations, the property owner may still owe you a duty of care. A skilled attorney can make a persuasive argument when the defense claims an open and obvious hazard.
Possible Damages In A Premises Liability Claim
You could be eligible for compensation if you were hurt on someone’s property because of a defect or dangerous condition. You may receive money for:
- Past, present, and future medical bills
- Loss of the ability to earn a living
- Physical limitations and disfigurement
- Mental anguish
- Pain and suffering
Economic damages, such as lost wages and medical bills, are often straightforward to calculate. However, pain and suffering damages are subjective. Therefore, it is usually best to have a premises liability attorney handle your case because you will probably undervalue your pain and suffering.
Before talking to an insurance adjuster about your case, speak to a premises liability attorney for another perspective.
Contact Our Premises Liability Lawyers Today
Were you hurt on someone’s property in Texas because of an unsafe condition?
The Dallas premises liability lawyers at The Francis Firm can assist you. Our premises liability attorneys will investigate the accident to determine who is responsible for the dangerous condition that caused your injuries. Then, we will represent you and fight for maximum compensation if you have a valid claim.