At Brandy Austin Law Firm, we often encounter clients who have suffered injuries on another person’s or business’ property and are unsure about their legal options. Texas premises liability laws determine who is responsible in these situations, and understanding them can help injury victims navigate their claims as our Arlington, TX personal injury lawyer can share that has received a 10.0 rating from Avvo.
What Is Premises Liability?
Premises liability is a legal concept holding property owners accountable for injuries that occur on their property due to unsafe conditions. These cases can involve slip and fall accidents, inadequate security, dangerous structures or even dog bites. However liability is not automatic — injured parties must prove that the property owner’s negligence led to the accident.
Types Of Visitors Under Texas Law
Texas law classifies visitors into three categories, and the level of duty owed by a property owner varies depending on the visitor’s status. Here is what you need to know about premises liability:
1. Invitees – These are individuals who enter the property for the owner’s financial benefit, such as customers in a store. Property owners owe the highest duty of care, meaning that they must inspect for hazards, fix dangerous conditions, and warn visitors of potential risks.
2. Licensees – This category includes social guests or people with permission to be on the property, but not for business purposes. Owners must warn licensees of known dangers but are not required to inspect for hazards.
3. Trespassers – These are individuals who enter a property without permission. Generally, property owners owe them little duty, except that they cannot willfully cause harm. However, an exception for child trespassers if an “attractive nuisance” (such as a swimming pool) is present.
Proving A Premises Liability Claim
To succeed in a premises liability case, an injured party must establish the following:
- The property owner owed them a duty of care
- The owner knew or should have known about the hazardous condition
- The owner failed to fix or act on the danger
- The hazardous condition directly caused the injury
Texas follows a modified comparative negligence rule, meaning that if the injured party is found more than 50% responsible for their own injury, they cannot recover damages. This defense is often used by property owners to minimize liability.
Common Defenses In Premises Liability Cases
Property owners frequently argue that:
- The dangerous condition was “open and obvious”
- The victim was partially or entirely at fault
- They had no prior knowledge of the hazard
Because of these challenges, having an experienced attorney is crucial to proving negligence and securing fair compensation.
Seeking Legal Help
If you or a loved one has suffered an injury due to unsafe conditions on someone else’s property, you may have a valid premises liability claim. At Brandy Austin Law Firm, we can evaluate your case, gather evidence, explain the types of premises liability, and fight for the compensation you deserve. Our team has been rated as some of the top attorneys by Fort Worth Magazine. Contact us today for a consultation.
