How Premises Liability Works in Texas

You deserve justice if you have been injured on someone else’s property. With help from a premises liability lawyer, you can seek financial compensation for your injuries and additional damages, such as lost wages. 

When someone invites you onto their property, they have a legal duty to ensure your safety. If their negligent actions cause you to slip and fall, become ill, or suffer any other injury, you have a right to file a premises liability claim or lawsuit. 

There are multiple ways to pursue damages for premises liability. An experienced premises liability lawyer can help you understand your options and choose the right course of action. Whether you need to file a claim through the faulty party’s insurance company or take the party to court, a trustworthy lawyer can help you build a proper premises liability case. 

Premises liability law may seem complex at first glance, but the expert premises liability attorneys at Payne Law Firm are here to tell you everything you need to know. 

Premises Liability Laws in Texas

Texas law allows you to seek compensation when you are injured on someone else’s property. However, there are certain restrictions as to who can file a claim. To file a claim, you must have been invited onto the premises, and the injuries you sustained must have resulted from the property owner’s negligent actions. 

For example, if a landlord invites you to tour an apartment and you slip on a slick surface, you may be entitled to compensation. If you were not warned to avoid this slick surface, the landlord may be held liable. But if they warned you of the danger and marked it with signage, you may not have as strong of a case.

Determining fault can be challenging if you become injured on someone’s property. This is where a premises liability lawyer can help. At Payne Law Firm, our attorneys are serious about your case. We thoroughly investigate the facts of your situation and do everything we can to maximize your compensation. 

Property owners will take extensive steps to avoid paying you the damages you deserve. Thankfully, we never back down from a legal battle. When you trust us with your premises liability claim, we are by your side throughout the entire process. Our years of experience in Texas premises liability law have prepared us to tackle any case, no matter how difficult. 

Most Common Premises Liability Claims

So, which injuries give you grounds to file a premises liability claim in Texas? Truthfully, there are many ways you can be injured on someone else’s property, and most of these injuries qualify you for compensation. 

Here are just a few common premises liability claims:

  • Premises Obstructions: When a property has a defect or obstruction, such as potholes or tripping hazards, the owner is liable for correcting them. 
  • Slips and Falls: Slip and fall injuries are highly common and make up a majority of premises liability cases. Conditions for a slip-and-fall case include wet spots, broken stairs, uneven ground, and more. 
  • Dog Attacks: Dog attacks are a legal gray area in Texas, but a Payne Law Firm attorney can guide you through making a claim. Not every dog attack gives you grounds for a premises liability claim, but if the attack resulted from the owner’s negligence or unsafe conditions, you likely have a case. 
  • Swimming Pool Injuries: Most swimming pool accidents are not the property owner’s fault, but there are conditions where they can be held liable for your injuries. You may have grounds for a claim if there are unnoted issues with the pool’s structure, gates, or furniture. 
  • Failure to Meet Codes: If you are injured because a building is not up to code, contact a Payne Law Firm premises liability lawyer. Our lawyers are experts on Texas fire and building safety codes, giving you a leg up over the guilty party. 

Who Can Be Held Responsible In A Premises Liability Case?

A property owner is usually the faulty party in a premises liability case. However, the property owner is not always at fault, as they may not be responsible for facility upkeep. Take retail stores, for example. Many retail stores are leased to franchisees. It is the responsibility of a franchisee or store manager to tend to their building, not the legal property owner. 

There are other scenarios where the property owner is not at fault. Here are just a few examples: 

  • A third-party contractor or landscaper may have performed low-quality work that endangered building residents or customers. 
  • A defective product, such as a poorly manufactured toilet, may leave a manufacturer at fault. 
  • Other customers or tenants may endanger you through their negligent actions. 

Property Owners’ Legal Duties to Visitors in Texas

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Texas premises liability law defines three types of visitors, and each has a different set of rights. The first type of visitor is the invitee. Invitees are guaranteed the most protection under Texas law. This protection is also known as the property owner’s “duty of care.” 

Property owners must take steps to keep their property safe for invitees and warn them of any dangers. Apartment tenants and retail customers are examples of invitees.

Licensees receive the second most protection under the law. A licensee is someone permitted to use someone else’s property for non-business purposes. An example might be a soccer coach using a local school’s field for practice. Property owners must inform licensees of dangers on the property, but they have no obligation to fix these dangers. 

Trespassers receive little to no protection under Texas premises liability law. A trespasser holds no grounds for a claim unless the property owner intentionally harms them. 

What To Do if You’re Injured on Someone Else’s Property

Your health should always come first, no matter how you are injured. If you are seriously hurt, contact 911 immediately. Licensed medical professionals will give you the necessary care and potentially save you from life-changing circumstances. 

Once you receive medical care, be sure to acquire copies of your medical bills. Medical records are frequently used to prove injury to insurance companies and juries. 

When you can do so, contact a premises liability lawyer. Premises liability cases are difficult to handle alone, especially with the evidence required to make a successful claim. Payne Law Firm’s expert team can gather the necessary evidence, interview witnesses and involved parties, and build a watertight case to earn you proper compensation. 

Premises liability injuries are difficult to prove when too much time has passed, so we recommend contacting our team as soon as you can. We work quickly, using all our resources for your benefit. 

Get In Touch With a Premises Liability Lawyer in Houston, TX

 

You deserve expert care when filing a premises liability claim. Some lawyers won’t give you the attention you deserve, taking the first settlement offered to you. They move from one client to another, keeping their own interests in mind.

This goes against everything Payne Law Firm stands for. We are serious about your case, devoting countless hours and exercising all our resources to build the best possible arguments in your favor. We are battle-tested and fully transparent with our clients, only taking a settlement when it is in your best financial interest.

We fight for you during negotiations and are willing to take anyone to court. If you’re looking for a team that won’t back down, contact Payne Law Firm. We are committed to protecting your legal rights and ensuring you receive maximum compensation for your injuries.