Texas Premises Liability: When Property Owners Are Negligent and Victims’ Rights

You enter another person’s property or place of business in Texas expecting a safe visit. If unsafe conditions lead to a serious injury, you have the right to hold the property owner liable for your injuries and related losses. The Texas premises liability lawyers at Carabin Shaw help accident victims understand their rights and pursue the compensation they deserve.

Premises liability accidents can cause severe, life-changing injuries. You need expert legal representation to pursue all the compensation you deserve while you recover. Carabin Shaw offers free case reviews in English or Spanish to help accident victims understand their legal options. Our team is available 24/7 at 1-800-862-1260.

Property owners owe visitors to their premises a duty of care to keep them safe from hazardous conditions that could cause injury. Some of those conditions might include:

• Slippery or wet floors
• Debris or other obstacles in traffic areas
• Broken stairways or handrails
• Uneven or damaged flooring and surfaces
• Inadequate lighting
• Elevators lacking regular maintenance
• Faulty wiring
• Unsafe dog handling
• Lack of security leading to assault

When owners encounter a problem on their property, they have an obligation to repair it promptly. If the issue can’t be fixed right away, the owner should provide adequate warning of the hazard to protect visitors. If owners fail to address dangers or provide warnings, they may be liable if a visitor is injured on their property.

Your attorney will investigate your accident to determine the cause and whether the owner’s conduct led to your injuries. If so, you may hold the owner liable and seek damages for your medical bills and other related losses.

Your reason for being on someone’s property will determine whether your lawyer can hold the property owner liable for your injuries. Under Texas law, visitors to a property fall into three basic categories:

• Invitees include customers or others invited for business purposes
• Licensees are social guests and delivery workers entering with the owner’s consent
• Trespassers enter without permission from the owner

Invitees are entitled to the highest duty of care by the property owner, which includes inspecting the property for hazards, promptly repairing issues, and providing warning of dangers. Owners owe licensees a duty of care to repair or warn visitors of hidden dangers. Trespassers do not deserve any duty of care beyond protection from intentional harm.

Getting hurt on someone else’s property isn’t enough to pursue compensation for your injuries. Your attorney must show that the property owner was negligent to hold them liable. Negligence involves these essential elements:

• The owner owed you a legal duty to keep you safe
• The owner failed (breached) that duty
• The owner’s breach directly caused your injuries

Your legal team establishes negligence by gathering evidence such as photos of the area, maintenance records, eyewitness statements, prior complaints, and other documentation. Check out our law firm’s client reviews to see how we’ve helped others by investigating their accidents and seeking damages for their injuries.

If your lawyer proves a property owner’s negligence led to your injuries, you can seek various damages from the responsible party under Texas law, including:

• Medical bills
• Lost wages and earning capacity
• Disfigurement and disability
• Mental and emotional anguish
• Loss of enjoyment of life

If the property owner was willfully harmful or grossly negligent, punitive damages may also be awarded. These damages are designed to make an example out of the at-fault party’s actions and discourage similar actions in the future.

A slip, burn, or fall can lead to severe injuries. If the accident occurred because the property owner failed to keep visitors safe, Carabin Shaw’s skilled attorneys can help you hold them liable and seek damages for your injuries and related losses. We offer our services on a contingency-fee basis, so you pay nothing until we win your case. Call us toll-free at 1-800-862-1260 or contact us online.

For more information:

• Texas Statutes 75
• Cornell Law School
• Texas Statutes 41