Understanding Premises Liability Law in Texas
The state of Texas requires property owners and operators to maintain a reasonably safe environment for visitors. If those responsible for the safety of the premises are aware of any safety hazards, they must address these issues. If they can’t fix the issue, they must take reasonable steps to warn visitors of the potential danger.
This could include putting up clear signage, cordoning off the hazardous area, or providing verbal warnings to ensure that guests are aware of the risks. Failing to take these precautions could render the property owner or operator liable for any injuries that occur as a result of their gross negligence.
Frequent premises liability claims arise when an injured person proves the property owner owed a duty of care and seeks to pursue compensation. The application of Texas premises liability laws depends on the classification of the injured party. Generally, visitors are categorized as invitees, licensees, or trespassers.
Invitees, like shoppers in a store or diners in a restaurant, are owed the highest duty of care. Property owners must carefully check for hazards and fix them or warn about them to prevent harm. Licensees, such as friends visiting your home or people allowed on the property for personal reasons, are given a high duty of care. However, it’s typically less compared to invitees.
Lastly, trespassers, who enter a property without permission, have less protection under the law. Property owners generally aren’t responsible for their injuries unless harm was caused intentionally or in cases involving specific exceptions, such as the presence of an “attractive nuisance” that could endanger children.
This could be anything that would be attractive yet dangerous for a child, such as an unfenced swimming pool, abandoned machinery, or construction equipment.
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Types of Premises Liability Cases Managed by Angel Reyes & Associates
Premises liability law covers a wide range of cases, as there are countless ways that unsafe conditions on a property can lead to harm. At Angel Reyes & Associates, our premises liability attorneys have extensive experience handling these diverse cases, ensuring that injured individuals receive the representation they need to seek justice and compensation. Here are some of the most common types of cases they manage:
Slip and Fall Accidents
Slip-and-fall and trip-and-fall accidents are some of the most frequently encountered premises liability claims. Such accidents can happen in various settings. The common causes of such accidents include wet floors, uneven surfaces, improperly maintained walkways, loose rugs, or icy conditions. Each of these hazards poses risks to visitors and highlights the importance of property owners maintaining a safe environment.
A similar type of case is when visitors experience trip-and-fall accidents. These accidents occur due to hazards such as exposed wires, cluttered walkways, or broken stairs. Like slip-and-fall incidents, trip-and-fall accidents can lead to serious injuries, including fractures, sprains, or even long-term physical trauma.
Swimming Pool Incidents
The weather in Texas means many residences have swimming pools. While pools are a great way to have fun, exercise, and relax, they also pose a safety hazard, especially for those kids or those who do not know how to swim. Swimming pool injuries, including drownings or slip-and-fall accidents around the pool area.
Owners or operators of properties with swimming pools are required to follow strict safety regulations. For example, Texas law mandates that all pools must be enclosed by a fence that’s at least four feet tall. There are also requirements for the type of materials used for the fence and locking mechanisms.
Dog Bites
Any type of animal bite is a serious matter, but dog bites are particularly concerning due to how common they are and due to the potential for physical injuries, infections, and emotional trauma. While dogs are naturally caring and loving creatures, they can be unpredictable, especially with strangers or in stressful environments.
Dog bites in Texas can relate to premises liability when the attack occurs on someone else’s property, and the property owner is found to have contributed to the unsafe conditions. Texas laws require owners to properly restrain their dogs and prevent them from causing harm. Owners can be held liable if their dog bites someone, especially if the dog has a history of aggression or the owner was negligent in controlling it.
It’s important to note that Texas isn’t a strict liability state for dog bites. This means that the dog owner can only be held liable if they knew or should have known that their dog had dangerous tendencies, such as a history of biting or aggressive behavior.
Inadequate Security
Visitors can file a claim against the property owner or operator if negligent security leads to their suffering. A key question in such cases is whether security was inadequate. Property owners have a responsibility to provide a reasonably secure environment to protect visitors from harm, such as theft, assault, or other criminal acts. Negligent security occurs when this duty is breached, leaving visitors vulnerable to preventable dangers.
Construction Site Accidents
We also handle a wide range of construction site accidents that fall under premises liability law. Construction sites are inherently dangerous places. Such locations often have heavy machinery, sharp tools, unstable structures, and hazardous materials. Property owners, contractors, site managers, or other parties have the responsibility to ensure the safety of workers, visitors, and passersby by following strict safety protocols and securing the area.
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How to Establish Liability in a Premises Liability Case?
While the fault of the property owner or operator may be straightforward to establish in some situations, in other cases, it can be much more complex and challenging to determine.
Determining what counts as a proper effort by a property owner is generally decided through legal standards and the judgment of the courts. In premises liability cases, the key question often revolves around whether the property owner behaved in a way that reflects reasonable care under the given circumstances.
Were they aware of the safety hazard? Did they have enough time to fix the issue? If he couldn’t fix the issue, did they warn the visitors about the danger? These are just some of the questions that can help you establish liability in premises liability cases. Courts consider various factors to assess whether the owner took adequate steps to ensure safety.
These factors include the type of hazard, how aware the owner was of the danger, what actions they took to fix the issue or warn visitors about it, and whether these actions were consistent with what a responsible and reasonable property owner would typically do.
You can provide evidence to support your claim. For example, if there were eyewitnesses to the incident, you can use their statements or testimony to prove how the premises liability accident happened, and the role of the defendant in your injuries.
If the case goes to trial, it ultimately falls to a judge or jury to weigh the evidence and decide whether the property owner met the legal standards for reasonable care. Given the complexities involved, it’s beneficial for injured parties to seek the guidance of an experienced lawyer who can analyze the specifics of the case and guide them through each step of the process.
Steps to Take After an Injury on Someone Else’s Property
If you have been injured on someone else’s property, you need to take some crucial steps to safeguard your health and safety and to ensure you protect your rights. One of the key steps is to get medical attention. If you have been seriously injured, you may need emergency medical care. Even if your injuries aren’t serious, you should visit a doctor.
Your medical records can help in your personal injury claim. It can also help ensure timely treatment for injuries that may not be immediately apparent, such as whiplash or internal bleeding.
If the location of the accident is monitored by surveillance cameras, check to see if you can obtain a copy of the footage. Surveillance footage can be instrumental in proving liability, especially if it shows the conditions leading up to your injury or the lack of preventative measures taken by the person in charge of security at the property.
Another crucial step is to inform the property owner, manager, or relevant authority about the accident. In some cases, the person responsible for your suffering would be present on the premises. However, if they aren’t, you need to ensure you notify them as soon as possible. In any case, you need to file an official report and request a copy for your records. This ensures that the incident is documented and can be referred to if needed during legal proceedings.
It’s important to reach out to a skilled Texas injury attorney to navigate the complexities of the legal process, which can often be complex. The attorney can evaluate the merits of your case and advocate for your rights effectively. Getting an experienced premises liability attorney involved early in the process could greatly influence your chances of securing compensation and ensuring those at fault are held responsible.
Victims’ Rights Under Texas Premises Liability Law
Victims who suffer due to the negligence of property owners and operators have the right to file an insurance claim or premises liability lawsuit against the at-fault party. Texas premises liability law is designed to hold property owners accountable for failing to maintain a safe environment, allowing victims to seek compensation for their injuries and losses.
Individuals affected by such negligence may seek damages for medical costs, rehabilitation, lost income, emotional distress, and pain and suffering. However, if the case is disputed, victims must present evidence to support their claim.
The victims also have to take legal action within the statute of limitations. For premises liability cases in Texas, the statute of limitations is typically two years from the date of the injury. This means that you have a maximum of two years from the date of the incident to initiate legal action.
However, you shouldn’t wait too long. Gathering evidence, preparing documentation, and building a strong case takes time. You want to give yourself some extra time in case there are unexpected delays. Another advantage of taking timely action is that you have a better chance of gathering evidence, which can fade or become unavailable over time.
The Angel Reyes & Associates Process: Everything From Case Evaluation to Resolution
We understand that it can feel overwhelming to navigate the legal process after suffering an injury. Not only do you have to focus on your recovery and get your life back on track, but you also have to complete all the legal processes, which can often be time-consuming and challenging.
Allow us at Angel Reyes & Associates to use our expertise and experience to help you navigate the process. We can take care of all the legal processing, everything from gathering evidence and completing paperwork to negotiating with the insurance company and, if needed, advocating for your rights in court.
To get started, call us to schedule a free consultation with one of our premises liability lawyers. We will assess your case to understand how the incident happened, evaluate the extent of your injuries, highlight the property owner’s failure, and determine the best course of action.
During this initial consultation, we will review all relevant details, answer your questions, and provide clear guidance on the steps needed to pursue your claim. We have four locations in Texas. You can call us or send us a message to schedule your free consultation at the location most convenient for you.