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Understanding Texas Premises Liability Laws: Your Rights as an Injured Party

Property owners and businesses in Texas have a legal obligation to keep their premises reasonably safe for visitors. When that obligation is violated, and someone gets hurt as a result, premises liability laws come into play. If you’ve been injured on someone else’s property, it’s crucial to understand your rights under Texas law.

What is Premises Liability?

Premises liability is a legal concept that holds property owners (or occupiers) responsible for injuries that occur on their property due to unsafe or hazardous conditions. This could include injuries suffered in businesses, stores, homes, or public spaces.

Common Premises Liability Scenarios

Premises liability claims can arise from a variety of situations:

  • Slip and falls: Caused by wet floors, uneven surfaces, loose carpeting, or debris.
  • Inadequate security leading to assault: Injuries resulting from poor lighting, lack of security personnel, or unaddressed security risks.
  • Swimming pool accidents: Drownings or injuries due to lack of fencing, inadequate supervision, or faulty pool equipment.
  • Construction site accidents: Improper equipment, lack of safety gear, or unmarked hazards.
  • Dog bites: Injuries caused by a dog on the property owner’s premises.

Duty of Care in Texas

The extent of a property owner’s duty of care depends on your status when you were injured:

  • Invitees: Highest duty of care. These are people invited onto the property for the owner’s benefit, like customers at a store. Owners must fix known hazards, actively look for dangers, and warn invitees.
  • Licensees: Moderate duty of care. These are people on the property with permission, like social guests. Owners must warn licensees of known hazards.
  • Trespassers: Limited duty of care. Owners are only responsible for intentional harm or gross negligence, with exceptions for children who might not understand the risks of trespassing.

Proving a Premises Liability Case

Winning a premises liability case in Texas requires proving these elements:

  1. Dangerous Condition: There was a hazardous condition on the property.
  2. Owner’s Knowledge: The owner knew or should have known about the danger.
  3. Failure to Remedy: The owner didn’t adequately address or warn about the hazard.
  4. Your Injury: You suffered injuries because of the dangerous condition.

Resolving Texas Premises Liability Claims

Most premises liability cases settle out of court through negotiations with the property owner’s insurance company. If a settlement cannot be reached, the case may need to go to trial. An experienced premises liability attorney can guide you through the entire process.

Why You Need a Premises Liability Attorney

Texas premises liability law is complex, with factors such as your status on the property and the concept of comparative negligence (where your percentage of fault could reduce your compensation). An attorney can:

  • Investigate the circumstances of your accident.
  • Gather strong evidence to support your claim.
  • Handle all communications with insurance companies.
  • Negotiate strongly for fair compensation.
  • Represent you in court if necessary.

The Law Office of Paul Previte: Protecting Your Rights

If you’ve been injured on another person’s property in Texas, don’t hesitate to seek legal advice. The Law Office of Paul Previte has the experience and knowledge to protect your rights and obtain the compensation you deserve to help you on the road to recovery. Contact us for a free consultation, call 817-335-4357  .