You slipped on a wet floor with no warning sign, tripped over an unmarked curb in a parking lot, or were attacked in an area the property owner knew was dangerous and did nothing about. These situations happen every day across Texas, and when they do, the law may give you the right to hold the responsible party accountable. Premises liability is the area of personal injury law that addresses injuries caused by unsafe conditions on someone else’s property, and understanding how it works may be the first step toward getting the compensation you deserve.
At Dale R. Rose, PLLC, we fight for injury victims throughout North Texas and have recovered more than $18 million for our clients since 2010. With 37 years of combined experience and over 165 first-chair jury trials, we understand exactly what it takes to build a strong premises liability claim in Texas.
What Is Premises Liability?
Premises liability refers to a property owner’s legal responsibility to maintain safe conditions for people who enter their property. Under Texas law, property owners owe a duty of care to visitors, which means they are required to take reasonable steps to prevent foreseeable harm. When they fail to meet that duty, and someone is injured as a result, the injured person may have grounds for a claim.
This covers a wide variety of incidents that occur on both private and public property. While many people associate premises liability with slip and fall incidents, the scope is considerably broader. The following are common examples of premises liability cases:
- Slip and fall injuries: Wet floors, uneven surfaces, or unmarked hazards
- Trip and fall incidents: Broken sidewalks, damaged flooring, or exposed cables
- Swimming pool collisions: Properties that lack proper fencing or safety warnings
- Negligent security incidents: When inadequate lighting or security leads to an attack or assault
- Dog bites: Where a property owner knew or should have known about an animal’s dangerous tendencies
- Falling objects: From poorly maintained shelves, scaffolding, or construction zones
No matter the circumstances, property owners have an obligation to address hazards and warn visitors of known dangers they have not yet repaired.
The Three Categories of Visitors Under Texas Law
Texas law determines the level of duty a property owner owes based on the type of visitor who was injured. These categories play a significant role in any slip and fall case, and understanding which category applies to you directly affects your claim.
Invitees
Those who enter a property for business purposes or at the owner’s express or implied invitation. Customers in a store, guests at a hotel, and patrons at a restaurant are all considered invitees. Property owners owe the highest duty of care to invitees, which means they must not only warn of known hazards but also actively inspect the property and make it safe.
Licensees
Licensees are social guests and others who enter a property with the owner’s permission but not necessarily for a business purpose. Property owners must warn licensees of known dangers, but they are not required to inspect for hazards they are unaware of.
Trespassers
Trespassers generally get the lowest level of protection under Texas law, though property owners are still prohibited from setting intentional traps or willfully injuring a trespasser. An important exception applies to children under the attractive nuisance doctrine, which may hold owners liable when dangerous conditions, such as pools or equipment, draw children onto the property.
What You Must Prove to File a Premises Liability Claim
A successful personal injury claim in Texas requires proving several key elements. Your attorney will need to establish that a dangerous condition existed on the property, that the owner knew or should have known about it, that the owner failed to fix it or warn you, and that this failure directly caused your injuries.
The CDC reports that falls among adults 65 and older result in approximately nine million injuries each year requiring medical treatment or restricted activity. Many of these incidents occur on properties where a hazard was present and ignored. If you were injured on someone else’s property, the details of your visit and the property owner’s awareness of the hazard will be central to your case.
Texas follows a modified comparative fault rule, which means your compensation may be reduced if you are found to have been partially responsible for your injuries. As long as you are less than 51% at fault, you may still recover damages. This is one reason why working with an experienced attorney matters so much.
How Long Do You Have to File?
Under Texas law, injury victims generally have two years from the date of the incident to file a premises liability claim. Waiting too long may permanently bar you from seeking compensation. If you were injured on someone else’s property, it is important to speak with an attorney as soon as possible to protect your legal rights.
You may also want to review our five questions to ask yourself when you think you have a slip and fall case to better understand whether your situation may qualify for a claim.
Call Dale R. Rose, PLLC, After a Premises Injury in North Texas
When you are hurt on someone else’s property, you deserve an attorney who takes your case personally and brings real courtroom experience to the table. Dale R. Rose has handled personal injury cases in more than 54 Texas counties over nearly 33 years as a licensed attorney, earning a reputation for tenacious advocacy on behalf of injury victims throughout Collin County and North Texas.
Our firm offers free consultations and handles cases on a contingency fee basis, so you pay nothing unless we win. If you or someone you know has been injured on another person’s or business’s property, do not wait to take action. Contact Dale R. Rose, PLLC, today to discuss your case and find out how we may be able to help.