An Overview of Premises Liability Laws in Texas

Premises liability is important, whether you own property or whether you regularly go on to other people’s property. The reality is that property owners, and those who manage properties on behalf of owners, have certain legal responsibilities when it comes to keeping expected guests safe. Failing to uphold these responsibilities could result in a person being held financially responsible for any injuries that may occur to guests due to unsafe conditions. A premises liability lawyer in Houston can assist if you or a loved one were harmed on someone else’s property.

Implications of Texas Premises Liability Law

Premises liability is a legal concept that determines property owners or manager responsibility when someone is harmed on their property due to unsafe conditions. Under Texas law, owners and managers owe varying levels of duty to individuals depending on the person’s status when entering the property. There are three main categories of entrants that impact this duty of care, including invitees, licensees, and trespassers.

Types of Entrants and Their Rights

1. Invitees on the property

An invitee is and individual who enters a property for business or mutual benefit, such as a customer visiting a store. In Houston and throughout Texas, property managers and owners owe the highest level of care to invitees, which includes:

• Ensuring the property is free from known hazards.
• Conducting regular inspections to identify potential dangers.
• Repairing or warning invitees about potential hazards that may not be obvious.

If an invitee is harmed because of a dangerous property condition that the owner was aware of or should have known about, the owner can be held liable.

2. Licensees on the property

Licensees are those who enter a property with the owner’s permission for their own purposes rather than for a business purpose. Examples include social guests invited to someone’s gathering at a residence. While property owners still do owe a duty of care to licensees, it is less stringent than that owed to invitees. They are required to:

• Warn licensees of known dangers.
• Avoid engaging in actions that would willfully harm the licensee.

However, unlike with invitees, property owners are not required to inspect the property for hazards. If a property owner is aware of a hazardous condition and fails to warn the licensee, they may be held liable if an injury occurs.

3. Trespassers

A trespasser is someone who enters a property without permission. Generally, Texas law provides the least duty of care to trespassers. Property owners must refrain from intentionally harming trespassers but have no obligation to ensure the property is safe for them. An exception is made for children who trespass. Under the “attractive nuisance doctrine,”  Texas property managers and owners may be held liable if something on the property (e.g., a swimming pool) attracts children who may be injured as a result.

Common Types of Premises Liability Cases

Premises liability cases in Texas encompass a wide range of incidents, including:

• Slip and fall accidents. These are among the most common premises liability claims and often result from wet floors, uneven surfaces, or poorly lit areas.
• Inadequate security. If a property owner fails to provide reasonable security measures in areas with known crime risks, they may be liable for injuries resulting from criminal acts. This applies to places like apartment complexes, hotels, and parking garages.
• Dog bites. Texas law holds property owners responsible for dog attacks if they knew the dog was dangerous but failed to warn or restrain it properly.
• Swimming pool accidents. These incidents often involve the attractive nuisance doctrine if children enter the property and are injured in an unsecured swimming pool area.
• Falling objects. Injuries from falling objects, such as unsecured fixtures or merchandise in stores, may lead to liability claims.
• Exposure to toxic substances. When hazardous substances, like asbestos or chemicals, are not properly managed, it can lead to serious health consequences for individuals on the property.

Statute of Limitations for Premises Liability in Texas

Texas law enforces a statute of limitations on premises liability claims. An individual has two years from when the injury happened to file a civil lawsuit. If an injury victim doesn’t file their claim within this period, it will likely result in the case being dismissed. The injured party may lose their right to seek compensation. There are, however, some exceptions to the Texas statute of limitations, so please speak to your attorney about your specific claim.

Compensation Available in Premises Liability Claims

Victims of premises liability incidents in Texas may be eligible to recover various types of monetary damages, including:

• Medical expenses. This includes the cost of immediate treatment, surgeries, and long-term medical care required due to the injury.
• Lost wages. If the injury keeps a victim from their job duties, they may be entitled to compensation for lost income and any future lost earning capacity.
• Pain and suffering. Non-economic damages account for the physical pain and emotional distress experienced as a result of the injury.
• Property damage. In some cases, the injured party may recover damages for personal property lost or damaged due to the hazardous condition.
• Punitive damages. If the property owner’s conduct was particularly reckless or egregious, punitive damages may be awarded as a form of punishment and deterrent. However, these are rarely granted and require clear evidence of gross negligence.

How a Texas Premises Liability Attorney Can Help

Premises liability laws in Texas are complex and often require in-depth knowledge of the state’s statutes and case law. Attorneys specializing in premises liability can assist injured parties by:

• Investigating the accident. An attorney can gather crucial evidence, such as surveillance footage, witness statements, and maintenance records, to establish the property owner’s liability.
• Handling negotiations. Attorneys can work with insurance companies to negotiate a fair settlement, ensuring that all medical bills, lost wages, and other damages are adequately covered.
• Representing clients in court. If a fair settlement cannot be reached, an attorney can prepare the case for trial and present it effectively on behalf of the injured party.

If you or a loved one has been injured in the Houston area due to unsafe conditions on someone else’s property, contact a Texas premises liability attorney can help you today.