Premise Liability In Texas
Texas premise liability law holds property owners responsible for maintaining a safe and secure environment. Neglect can result in liability for harm or injury.
If an individual has been injured on someone else’s property, they might be entitled to compensation for medical expenses, lost wages, and other damages.
Fahl & Donaldson represents businesses against liability claims as well as victims of premise injuries. Whether you have suffered a slip and fall, been the victim of a criminal act, or experienced some other type of harm on someone else’s property, or if your business is facing a premise liability claim, Fahl & Donaldson’s attorneys are dedicated professionals ready to help.
What Is Premise Liability In Texas?
Premise liability in Texas refers to a property owner’s responsibility for maintaining safe conditions on their property. This includes ensuring the safety of visitors, tenants, and workers on the property. In addition, property owners must take reasonable measures to prevent accidents and injuries, such as fixing hazards or warning of potential dangers.
Failure to do so can result in legal liability for any accidents or injuries occurring on the property. Therefore, it’s important for property owners to understand their obligations under Texas premise liability law, as failing to meet these standards can lead to costly and time-consuming legal disputes.
Understanding The Different Levels Of Duty Owed To Visitors
Texas premises liability law imposes liability on property owners for accidents that occur on their premises based on the status of the victim. The three categories of visitors in Texas are invitees, licensees, and trespassers, each with a different level of duty owed to them by the property owner.
Are on the property for a business purpose, are owed the highest level of duty, including the obligation to warn of any unreasonable risks and to make the property safe.
Social visitors are owed ordinary care to fix dangerous conditions and to be warned of them.
Do not have permission to be on the property, are owed no duty except to refrain from injuring them through intentional, reckless, or grossly negligent conduct. However, there are exceptions, such as an attractive nuisance that attracts child trespassers and causes injury.
Four Elements Of Premise Liability Claims In Texas
In Texas, premise liability cases require careful examination of various elements. The four elements are as follows:
Duty Of Care
The property owner or possessor has a duty of care to ensure their property is safe and free from hazards. This includes providing proper maintenance, inspection, and warning of potential dangers.
It must be shown the owner or possessor knew or should have known about the hazard and failed to take action to rectify the situation.
Negligence, refers to the failure to take reasonable care to prevent harm to others. In a premise liability case, the plaintiff must show the defendant failed to meet the duty of care owed to them, and the failure caused the plaintiff’s injury.
In some cases, the plaintiff may be partially responsible for their own injuries. This may affect the amount of damages awarded to the plaintiff.
Types Of Premise Liability Claims
Though there are numerous premise liability cases, Fahl & Donaldson, PLLC primarily focuses on defending companies from liabilities and works closely with /construction-law/>construction and trucking companies. The type of claims they defend are as follows:
Liquor Liability/Dram Shop Defense
Liquor liability, also called dram shop defense, addresses the responsibility of licensed establishments for harm caused by serving alcohol. For example, if it’s shown an establishment served alcohol to a visibly drunk person or minor, they may be held responsible.
Dram shop defense is the legal representation and arguments used by the establishment to reduce responsibility, such as claiming the harm wasn’t caused by the alcohol served or the person causing harm wasn’t visibly drunk at the time of serving.
Slip And Fall Defense
Slip and fall defense refers to legal strategies used by property owners in personal injury claims from slip and fall accidents on their property. For example, property owners may argue they did not know about the hazard, it was caused by a third party, or the injured party was at fault.
In some cases, property owners may also argue that the hazard was open and obvious and that the injured party should have taken precautions to avoid the hazard.
In a premise liability case, a nuisance defense asserts that the plaintiff’s harm or injury claim is insufficient to warrant compensation or legal action. The defendant may argue the plaintiff knowingly accepted the risk of harm or voluntarily chose to be on the property.
Furthermore, the defendant may argue the harm or injury wasn’t caused by their property or actions but by the plaintiff’s negligence or an external factor.
Premises Liability For Security
In security cases, the defendant may argue that they met their duty to provide security by implementing measures like security personnel, cameras, or well-lit areas.
The defense may also argue the criminal act was not foreseeable, meaning the property owner could not have reasonably anticipated or prevented the harm that occurred.
In some cases, the defense may argue that the harm was not caused by a lack of security measures but by some other factor, such as the plaintiff’s negligence or a natural occurrence.
The Function Of A Premise Liability Attorney
In premise liability cases, several possible defenses can be used.
- assumption of risk
- contributory negligence
- statute of limitations
- lack of duty of care
- open and obvious hazard
- trespasser defense
The specific defense will depend on the facts of the case.
A premise liability lawyer plays a critical role in resolving these cases, which often involve complex legal issues. The lawyer provides expert legal representation and support, protecting their client’s rights, building a strong case, and negotiating with insurance companies to obtain maximum compensation. The lawyer’s responsibilities include gathering evidence, providing legal expertise and advocacy, educating clients on the laws and their rights, and working towards the best possible outcome in court.
Get The Justice And Compensation You Deserve
At Fahl & Donaldson, PLLC, we understand the stress and frustration of premise liability cases. Our experienced premise liability attorneys are dedicated to helping our clients defend their businesses from unjustified premise liability lawsuits. We will work tirelessly to build a strong case to negotiate for the best possible outcome. If it is in your best interest to go to trial, you can rest assured that the attorneys at Fahl & Donaldson are proven trial lawyers with a record of success in the courtroom.
If you have suffered harm due to a hazardous property or security breach or your company is facing a potential premise liability claim, reach out immediately to Fahl & Donaldson, PLLC, for the exceptional representation you deserve.
Texas premises liability law: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75.htm
different level of duty owed: https://www.justia.com/injury/premises-liability/
trucking companies: https://www.fahldonaldson.com/trucking-accident-defense/
responsibility of licensed establishments: https://statutes.capitol.texas.gov/Docs/AL/htm/AL.2.htm
statute of limitations:https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
reach out: https://www.fahldonaldson.com/contact/