It can happen anywhere: a slip-and-fall in a restaurant, a freak accident at an amusement park, or an injury at your friend’s house due to a broken railing or missing step. When you are injured on someone else’s property, specific laws apply.

What is Premises Liability?

Simply put, premises liability holds the owner of the property responsible for an accident that happens on the premises. It applies to both businesses and individual property owners, though the duty of care might look different, depending on the property, the circumstances, and even the identity of the injured person. 

A premises liability case arises where the owner fails to maintain the property, and someone is injured as a result. Premises liability seeks to ensure that property owners comply with certain standards, making their property safe for visitors.

There are many different examples of premises liability:

  • Slip and falls
  • Dog bites
  • An accident due to a defect on the premises, such as a broken railing
  • Swimming pool accidents
  • Attractive nuisance accidents
  • Accidents suffered while visiting a local business
  • Accidents that result from consuming too much alcohol on the premises

How Does Premises Liability Work in Texas?

The Texas premises liability statute discusses the liability imposed on property owners in the case of accidents on the premises. As with many other states, in Texas, liability for accidents on the premises depends on the accident victim. Essentially, if you are hurt on someone else’s property, your recovery may depend on whether you were a social guest, a business visitor, or a trespasser.

Texas premises liability law names three different categories of visitors:

  • Invitees. These are business visitors who are on the property for a business purpose. Some examples are customers in a store or at an amusement park, or someone like a mailman or meter reader who enters your property for a legitimate business reason. The duty owed to invitees is the duty to warn the invitee of any unreasonable risks on the land, as well as to inspect and make the land safe from unreasonable risky conditions. This is the highest level of duty owed to visitors on your property.
  • Licensees. These are social visitors, such as guests to your home. The duty owed to them is the ordinary care to fix any dangerous conditions, as well as to warn your guests about those conditions.
  • Trespassers. These are people who do not have permission to be on your property. Generally, a property owner owes no duty to trespassers, except to refrain from injuring them willfully, wantonly, or through gross negligence. There are, however, some exceptions to this rule; one example is an attractive nuisance, which attracts child trespassers who are injured on the property.

What is the Process for Seeking Recovery for Premises Liability Accidents?

If you have been injured on someone else’s property, you may be able to recover damages for premises liability. Typically, to recover from your injuries, you will need to bring a claim of negligence against the owner of the property. An experienced and knowledgeable personal injury attorney can help prepare a premises liability action, strengthening your legal arguments and presenting your facts effectively.

In premises liability, you’ll need to prove:

  • There was a condition that presented an unreasonable risk on the property
  • The owner knew about the risk through actual or constructive knowledge
  • The owner failed to take reasonable care to fix or reduce the risk 
  • You were injured as a result of that risk

Various damages are recoverable under premises liability. You may recover from your personal injuries, including your medical bills, pharmacy copays, and hospital stays. You might also be able to recover any lost wages as a result of you being out of work due to your accident. Damages for pain and suffering, mental anguish, and other non-out-of-pocket damages are also possible.

How Can Johnson Garcia Law Help? 

Being injured on someone else’s property can be a harrowing experience. A knowledgeable attorney can help build an effective premises liability case to help you recover your damages. Our experience and legal knowledge help us anticipate all the tactics the defense will throw our way and give us an edge in court. We’ll fight hard to get you the compensation you deserve.

If you hire the Houston personal injury attorneys of Johnson Garcia LLP to represent you, there is no upfront cost. We know the last thing you need to worry about is how to pay for a Houston injury attorney. That’s why we work under a “no recovery, no pay” model. If we don’t recover damages for you, you don’t owe us a dime. We’re paid based on a percentage of the damages we recover from the responsible party. Contact our Houston personal injury law firm for a free case evaluation or call (832) 402-9332.