What is premises liability law in Texas?

Premises Liability Law in Texas: What you need to know!

Premises liability law in Texas holds property owners and occupiers responsible for accidents and injuries that occur on their property due to hazardous conditions. This legal framework ensures that visitors are protected and provides a means for injured parties to seek compensation. Understanding the nuances of premises liability law is crucial for both property owners and visitors to avoid and address potential legal issues effectively.  These cases are incredibly complicated and it is imperative that you have a skilled premises liability attorney working for you.  At The Low Law Firm we have handled all kinds of premises liability cases and have the experience to navigate this complex area of law.

Status of visitors: Invitee, Licensee, and Trespasser

In Texas, the duty of care a property owner owes to a visitor largely depends on the visitor’s status. Visitors are categorized into three main types: invitees, licensees, and trespassers. Each category triggers different duties for the property owner.

Invitee

An invitee is someone who enters the property for a commercial benefit to the property owner or with the owner’s knowledge and for the mutual benefit of both parties. Common examples include customers in a store or guests in a hotel.

Duty of Care: Property owners owe the highest duty of care to invitees. They must ensure the property is safe, regularly inspect for hazards, and promptly address any dangerous conditions. Additionally, owners must warn invitees of any non-obvious hazards that cannot be immediately fixed.

Licensee

A licensee enters the property for their own convenience or with the property owner’s consent, but not for a commercial benefit. Social guests are typical examples of licensees.

Duty of Care: Property owners must warn licensees of known dangers that are not obvious or apparent. Unlike with invitees, there is no obligation to inspect the property for unknown hazards or make repairs.

Trespasser

A trespasser enters the property without the owner’s permission or legal right. This category includes individuals who may be on the property unlawfully or without the owner’s knowledge.

Duty of Care: Property owners owe the least duty of care to trespassers. Generally, they must refrain from willful, wanton, or grossly negligent conduct that could cause harm. However, property owners may have additional responsibilities if they know trespassers frequently enter the property.

The Effect of Open and Obvious Conditions

Texas law recognizes that property owners are not liable for injuries caused by open and obvious conditions. If a hazard is clearly visible and an average person could reasonably avoid it, the property owner may not be held responsible for resulting injuries. The rationale is that individuals should take reasonable steps to protect themselves from clear and apparent dangers.

Recoverable Damages in Premises Liability Cases

Victims of premises liability incidents in Texas may be entitled to various forms of compensation, depending on the specifics of their case. Recoverable damages can include:

• Medical Expenses: Costs for treatment, hospitalization, medications, rehabilitation, and any future medical needs related to the injury.
• Lost Wages: Compensation for income lost due to the injury, including future earning capacity if the injury results in long-term or permanent disability.
• Pain and Suffering: Damages for physical pain, emotional distress, and mental anguish caused by the injury.
• Property Damage: Costs to repair or replace personal property damaged in the incident.
• Punitive Damages: In cases involving gross negligence or intentional harm, courts may award punitive damages to punish the wrongdoer and deter similar conduct.

Frequently Asked Questions (FAQ)

1. What should I do if I’m injured on someone else’s property?

Seek medical attention immediately. Report the incident to the property owner or manager, and document the scene with photos and notes. Gather contact information from witnesses and keep records of all medical treatments and expenses.

2. How long do I have to file a premises liability claim in Texas?

The statute of limitations for premises liability cases in Texas is generally two years from the date of the injury. It’s important to consult with an attorney promptly to ensure your rights are protected.

3. Can I still recover damages if I was partially at fault for my injury?

Texas follows a modified comparative negligence rule. If you are found to be more than 50% at fault for the incident, you cannot recover damages. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.

4. Do I need a lawyer to pursue a premises liability claim?

While not required, having an experienced premises liability attorney can significantly improve your chances of success. An attorney can help gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.

5. What types of evidence are important in a premises liability case?

Important evidence includes photographs of the hazard, medical records, witness statements, incident reports, and any maintenance or inspection records of the property. Your attorney can help you collect and preserve this evidence.

Premises liability law in Texas is confusing and ever-changing.  You need attorneys knowledgeable in the area of premises liability in Abilene, Texas.  Contact The Low Law Firm today if you have been injured on someone else’s property.  If you would like more information you can also check out Tara Gilmore-Low in her The Injury Lady Says podcast for more information on premises liability in Texas.  Call us today for a free consultation!  (325) 455-1889.