Determining who is responsible for the condition of a premise is important. If you have fallen or sustained an injury on someone else’s property, you will want to know if it was due to negligence of the property owner, the property manager, or in the case of a residential complex, the tenant.
And if you are injured on someone else’s property, you may be able to file a claim for your medical expenses and other related losses if it can be established that improper care or maintenance led to your injury.
Your case depends on establishing the negligence of the person responsible for the hazardous condition on the premises. You will have to find out who the responsible party is before filing any claim or lawsuit.
Premises Liability In Texas
Premises liability is the field of law that governs accidents while on someone else’s property. This could be a private home, a workplace, or even a government entity such as a courthouse. Liability will depend on who is responsible for the property’s upkeep and care.
In a private home, the homeowner is generally responsible for any accidents. This could include injuries from accidents such as falls, burns, dog bites and animal attacks, swimming pool accidents, and other mishaps that were preventable.
Grocery, convenience, and other retail stores also have a duty of care to protect anyone that enters the property. Slips and falls are common, particularly in grocery stores, but other accidents such as falling merchandise or floor obstructions can injure visitors.
For someone who is injured on a sidewalk, in a park or any other public property, the responsibility lies with the municipality that owns and manages it. But again, it’s important to know who bears the responsibility.
For example, if you are walking through Discovery Green downtown and are injured, you might be surprised to find out that it’s not a county- or city-owned park, but an area owned by a 501(c)(3) non-profit organization. Therefore, the nonprofit Discovery Green would be the responsible party for the upkeep, not the City of Houston.
Who You Are Counts
A major part of your claim will depend on why you were on the premises.
1. An invitee means you were just that—invited, the owners knew you were coming, and you were there for a mutually beneficial arrangement such as shopping at a retail store.
2. A licensee means that you were there for someone else’s benefit. This could be that you were invited for a social occasion or other reason, such as a repair professional.
3. A trespasser is not invited to the property, and not on the property with the owner’s explicit or implicit permission or consent.
Additionally, The Law Of Attractive Nuisance requires that property owners prevent access by curious children to dangerous areas of the property. Because children do not have the ability to distinguish what is and isn’t dangerous, owners and occupiers must take special care to protect them from harm.
Because children don’t understand dangers, property owners can be held liable for a child’s injuries if they fail to take precautions. Even if children are legally trespassing, a property owner must keep them away from the attractive nuisance and protect them from the harm they may unknowingly incur.
Determining Liability
Multiple parties could be responsible for the accident that led to your injuries. The most obvious would be the party that is responsible for the premises. If you are in a residence, it would be the homeowner or the renter. In the case of commercial property, it could be the property owner, the business owner, or both, depending on the circumstances.
Defense: Comparative Negligence And The Open & Obvious
There are two defenses the owner or occupier of a property can use that may show them as not responsible for a premises liability case.
If you are found to be partially responsible under comparative negligence, you may receive a lesser settlement or no settlement at all. This will depend on the facts of the case, which is why you need to speak with a premises liability attorney in Texas, who can help you prove your claim.
Injury On Someone’s Property? Contact Paxton Law Today
If you or a loved one was injured on someone else’s property, you could be entitled to compensation for your injuries. A Texas premises liability lawyer can help you understand your rights and discover who may be liable for your losses and injuries.
Contact the premises liability attorneys at The Paxton Law Firm today at 281-978-2244 or use our online contact form to schedule your free consultation with our legal team. Let us help you handle your legal case so you can move forward after an accident.
