Premises Liability

Under Texas law, property owners have an obligation to maintain their premises. If injuries occur on property that has been poorly maintained, the owner may be liable for those injuries.

Premises liability cases are evaluated on an individual basis and must take into consideration a) whether or not the property owner took precautions to make the area safe, and b) whether or not the victim was careless, thereby contributing to the accident. For example, a business is not necessarily liable should you fall on a wet floor if the area was clearly marked with a yellow "caution" sign.

A victim would have to prove the following in order to hold the property owner responsible and have a premises liability case:

  • That the property owner caused the unsafe condition and the subsequent accident.
  • That the property owner knew about the condition but did not try to correct it.
  • That the property owner should have known about the danger, because a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the slip and fall accident.

When determining if a property owner's actions were in fact reasonable, the court must consider how long the unsafe condition existed and whether the owner had time to discover and ultimately fix the problem. It must also consider whether the steps taken were appropriate or reasonable and whether the carelessness of the victim contributed to the slip and fall injury.

However, the reasonable person standard also applies to the victim: if they were somewhere they should not have been or were engaged in an inappropriate activity, the property owner may be absolved of any liability.

Special Situations

There are some exceptions to premises liability cases:

  • Trespassers: property owners are not necessarily subject to premises liability laws if injuries are incurred by trespassers on their property.
  • Children are an exception to the trespassing rule because the law acknowledges that children often do not perceive danger as well as adults. A property owner must take steps to ensure the safety of children who play in the area, even if they are not supposed to be there.
  • Workplace accidents: there are workers' compensation laws in place that hold employers strictly liable for most on-the-job injuries that their employees incur, although the amount of damages that can be collect is limited.
  • Government property: the federal or state government may bear legal responsibility for personal injuries incurred on government premises. Premises liability cases against the government are covered by either the Federal Tort Claims Act or similar state tort claims acts. Cases must be brought within a certain time limit.

If you have been hurt because of dangerous property conditions, Brent M. Cordell can help you achieve financial security and peace of mind.