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Strategies for Defending Against a Premises Liability Lawsuit in Texas

by | Sep 5, 2023 | Premises Liability

Premises liability lawsuits can be a significant concern for property owners and businesses in Texas. These lawsuits typically arise when someone is injured on another person’s property due to alleged negligence. In Texas, premises liability cases can be complex, making it essential for property owners and businesses to be well-prepared and knowledgeable about potential strategies for defending against such lawsuits.

When it comes to premises liability lawsuits, partnering with the right attorney is often half the battle. With over 100 years of combined experience, our team of litigators has the experience needed to safeguard your rights. At Fahl & Donaldson, PLLC, we have built effective defense strategies for numerous clients in Texas, and we will work diligently to help you overcome your premises liability lawsuit.

Effective Defense Strategies in Texas Premises Liability Lawsuits

Whether you are a business owner, a landlord, or simply someone who maintains a property in Texas, the fear of being sued is always looming. In the event a premises liability lawsuit develops, navigating and triumphing it may feel nearly impossible. However, a skilled attorney can establish a strong defense for your case and advocate for you, helping you to feel more at ease­.

The defense strategies that can be used in your case will depend on your particular situation, but some effective strategies your party can utilize to defend against a premises liability lawsuit in Texas include:

Lack of Negligence

Your lawyer may be able to argue that you were not negligent and you maintained your property in a reasonably safe condition. This can include demonstrating regular maintenance, inspections, and compliance with safety regulations.

No Knowledge of Hazard

Showing that you had no actual or constructive knowledge of the hazardous condition that caused the injury can be effective. This could involve proving you were unaware of the dangerous condition or that it occurred suddenly and without warning.

Open and Obvious Hazards

If the hazard was open and obvious and a reasonable person would have noticed it and taken precautions, this could be a strong defense. Texas law recognizes property owners may not be liable for obvious hazards that visitors should have noticed and avoided.

Comparative Negligence

Texas follows a modified comparative negligence rule, which means that if the injured person is found to be more than 50% responsible for their injury, they may not be entitled to recover damages. Therefore, suggesting that the injured party’s own negligence contributed to their injury can be effective.

No Duty Owed

In some cases, it may be argued that as the property owner, you did not owe a duty of care to the injured person. This may be based on their legal status as a trespasser, licensee, or invitee, as different standards of care apply to these categories of visitors in Texas.

Lack of Causation

Challenging the plaintiff’s ability to prove the hazardous condition on the property was the direct cause of their injuries can be a solid defense. Using this strategy may involve presenting evidence of other factors or pre-existing conditions contributing to the injury.

Inadequate Evidence

Your attorney may contend that the plaintiff lacks sufficient evidence to support their claims, such as medical records, eyewitness testimony, or expert witnesses.

Experienced Legal Team Defending the Rights of Texas Property Owners

Effectively defending against premises liability lawsuits in Texas requires a comprehensive and proactive approach. At Fahl & Donaldson, PLLC, we understand that each case is unique, so we conduct meticulous independent investigations to determine which defense strategy is right for your particular situation.

If you are a property owner in Texas facing a premises liability lawsuit, we can help. As a smaller company, our team at Fahl & Donaldson, PLLC, is more flexible and accessible than “big law.” We also have a long track record of success in negotiations, arbitrations, and trials. To get started, call (346) 241-7355 or fill out our contact form, and we will get back to you as soon as possible.