Guide to Texas Premises Liability Accidents

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.