Guide to Texas Premises Liability Accidents

For example, what if an independent contractor is cleaning your gutters and, because the gutters aren’t properly attached, falls to the ground from the second story. Insurance questions aside, who’s liable?

Under Chapter 95 of the Texas Civil Practice and Remedies Code, a property owner isn’t liable for any injuries sustained by an independent contractor arising from the failure to provide a safe workplace unless:

• The property owner is somehow in control of the work performed, other than the right to start and stop the work or to inspect the progress; and
• The property owner had actual knowledge of the danger.

If liability is proven in your case, compensation may be awarded for the following:

• Past and future medical care
• Lost wages
• Pain and suffering
• Emotional scarring
• Legal costs (in some cases)

Punitive damages (if the defendant’s behavior was intentional or grossly negligent)

There are a number of steps you should take immediately following an injury on someone else’s property:

• Step 1. Get help. Call 911 and wait for emergency services to arrive.
• Step 2. Take pictures of the area. If possible, take photographs of the dangerous condition that led to your injury. For example, if you fell on a rotten step, take photographs of the step from several different angles. The more photographs, the better. If you’re too injured to take pictures, ask a friend, family member, or witness to take some for you.
• Step 3. Gather witness information. Write down the names, addresses, and phone numbers of the other people who were present when the accident occurred. Their version of events could be helpful should you choose to file a claim.
• Step 4. Seek medical help. Ensure that you visit a doctor and obey their treatment suggestions. You don't want the defense claiming that you didn’t try to get better or that you weren’t really hurt that bad.
• Step 5. Document everything. In addition to saving all bills, letters of correspondence, and reports surrounding your accident, write down what you remember as soon as possible while the memory is still fresh to ensure important details aren't lost.

Last, but not least, be sure to talk to a qualified Texas personal injury lawyer near you about your case. Your attorney will help protect your rights and make sure you obtain the maximum possible recovery.

Premises liability is a broad category of personal injury law that encompasses all sorts of accidents. This area of law can apply to physical injuries as well as property damage. Common types of premises liability claims include:

Typically, any person injured on another person's property can file a premises liability claim if they suspect negligence played a role. The exception to this rule is that a person who was trespassing at the time of the injury can’t file a premises liability claim unless the property owner injured the trespasser intentionally or through gross negligence.

In cases where a person was killed on someone else’s property, the deceased’s family members can file a wrongful death claim to secure compensation for funeral expenses, loss of future earnings, loss of companionship, and other damages.

Property owners have an obligation to maintain their property in a condition that’s reasonably safe for visitors and guests. Because of this, the owner of the property will most often be liable in a premises liability case (even if the owner isn’t home at the time of the injury). An owner can be an individual (such as the owner of a house), a business (such as the owner of a store), or a government entity (such as the owner of a city pool).

In addition, renters, tenants, and property managers may be liable in certain situations. For example, while Texas law holds landlords responsible for the condition of the rental when they turn it over to tenants, the tenant generally assumes responsibility for injuries that occur to visitors of the rental unit thereafter.

Conditions that are considered “open and obvious” are conditions which the court believes a reasonable person should have seen and avoided. In other words, it doesn’t matter whether the plaintiff knew the condition was dangerous. Rather, what’s important is whether a reasonable person would understand that the condition is dangerous.

No! In general, it’s a bad idea to talk to the owner’s insurance company before speaking to an attorney. Many insurance adjusters simply want to get the facts of an incident. However, some insurance adjusters are more interested in getting you to say something that will hurt your case so they can deny your insurance claim. An experienced attorney can communicate with the owner’s insurance company in a way that moves the claim toward a fair resolution and also keeps you out of trouble.

To select the right attorney, make a list of lawyers in your area with the right background, experience, and knowledge. Find out if the attorneys have a good reputation for resolving cases like yours.

Once you’ve narrowed down the list, schedule a free initial consultation with each attorney (eliminate attorneys who don’t offer a free consultation). Meeting with the attorneys in person will help you decide whether they’re a good fit.

You have the right to handle your premises liability claim on your own. However, by hiring a personal injury attorney, you can ensure the best possible outcome in your case. Skilled attorneys have years of experience investigating cases, gathering evidence, and negotiating with insurance companies.

Additionally, having an attorney involved signals to the other side that you believe in your case and you’re not afraid to go to trial.

Whether or not you can find a free or reduced-cost attorney to work on your case depends largely on your specific financial circumstances and your geographic location. Consider contacting the referral service associated with your local bar association and asking about free or reduced-cost attorney options.