Common Types of Premises Liability Cases in Texas

Premises liability laws allow you to hold a property owner in Texas responsible for having a dangerous property that causes an injury to you or a loved one. All landowners in Texas have a legal obligation to properly maintain their premises. Many different types of accidents and incidents can occur when a landowner falls short of this responsibility.

If you suffered a preventable injury on someone else’s property and are dealing with painful injuries and expensive medical bills, you could receive financial compensation through a premises liability claim. Consult with an Austin personal injury attorney near you for an in-depth review of your specific case and circumstances.

Slip and Fall

If a business or residence contains unsafe or uneven flooring and ground surfaces, this can lead to slip or trip and fall accidents. These accidents can inflict serious injuries, including broken bones, hip fractures, traumatic brain injuries, concussions, back and spine injuries, bruises and contusions, and soft-tissue injuries.

Slip and fall incidents can be caused by the following property defects and hazards:

• Slippery or wet surfaces
• Uneven floors
• Cracked sidewalks
• Broken or missing stairs
• Defective handrails
• Cluttered aisles or walkways
• Inadequate lighting
• Loose mats or rugs
• Exposed cords
• Inadequate floor maintenance
• Poor building design or construction
• A lack of warning signs

A slip and fall accident in Texas could result in a premises liability claim against a grocery store, shopping mall, restaurant, bar, hotel or motel, salon, gym, school, amusement park, warehouse, or workplace. If the owner of the property reasonably should have discovered and repaired a known trip or slip hazard, he or she can face legal responsibility for a visitor’s fall accident.

Dog Bite Injury

Dog bite injuries fall under the category of premises liability law because dogs are classified as part of an individual’s property in Texas. In addition, these attacks often take place on the pet owner’s private property. Texas is one of the top-ranked states in terms of dog attacks.

These tragic and often violent incidents can be prevented with appropriate steps taken by a dog owner. If an owner allows a dog to run at large (off-leash) or fails to warn visitors of a dangerous dog on the premises, the owner could face a premises liability lawsuit for a resultant dog attack.

Texas is a one-bite state, meaning a pet owner must have had reason to know the dog might be dangerous to be held liable– financially responsible – for a bite injury. A landlord or property management company could also be held liable for allowing a dangerous dog to remain on the property.

Negligent Security

Negligent security cases are based on the argument that the owner of the property should have made more of an effort to keep people on the premises safe from criminal attacks, such as physical assault, robbery, mugging and sexual assault.

This argument can be made if there’s evidence showing that the owner had reason to foresee criminal activity, such as a history of crime in the area, but failed to take proper measures to protect visitors and residents. Adequate security could include installing gates, security cameras and guards.

Accidents at Work

Accidents that lead to injuries and deaths at a workplace in Texas could give a victim or victim’s family grounds to file a premises liability claim if the employer didn’t remedy the property defect or hazard that caused the accident in time.

Workplaces can contain many premises-related injury risks, including slippery floors, falling debris or objects, and fire or electrical hazards. Negligent property maintenance by the employer or property owner can enhance these risks and injure workers.

Swimming Pool Accidents

Property owners in Texas are legally required to secure any swimming pools on their premises. This includes keeping curious children safe from this “attractive nuisance,” meaning a dangerous property element that is particularly enticing to children. A landowner’s responsibilities also include posting proper signage, such as a “No Diving” sign in a shallow pool.

Many premises liability cases related to swimming pools involve young children who gain access to the pool without adult supervision. Tragic child drowning incidents can often be prevented with proper swimming pool security, such as barriers, covers, locked gates, alarms and fences. Swimming pool barriers must meet Texas’s legal safety requirements.

Toxic Exposure

Visitors on a property could suffer serious illnesses due to contact with or the absorption of harmful substances that are present in the environment. Substances such as asbestos, household or industrial chemicals, medications, fungus, and radiation must be properly contained and controlled by a property owner to prevent exposure incidents.

Toxic exposure could lead to physical effects such as nausea, vomiting, skin irritation, respiratory problems, organ damage or failure, chronic or terminal illnesses, and death. If a property visitor suffers an illness or injury due to toxic exposure, a landowner can be held liable for failing to take the correct steps to protect the victim’s health.

Elements of a Premises Liability Case in Texas

Premises liability cases in Texas are based on the legal responsibility owed by property owners to ensure the safety of visitors. To have grounds to file a premises liability claim in Texas, you or your personal injury attorney must prove the following elements with clear and convincing evidence:

1. The property owner or controller owed you a legal duty to ensure your safety as a lawful visitor. Invitees and licensees are lawful visitors; trespassers are not.
2. The property owner or controller breached the duty of care by failing to maintain and inspect the property, make timely repairs, and/or warn of dangerous conditions.
3. The property owner or controller’s negligent failure to maintain the premises was the direct cause of your injury or a loved one’s death.
4. You suffered compensable losses or damages as a result of the owner’s negligence, such as physical injury, emotional distress, medical costs and lost wages.

A premises liability lawyer in Austin can help you establish your case with evidence such as witness testimony, photographs and videos, accident reports, and hired experts. If you or a loved one has recently been injured due to a defect on someone else’s property in Texas, contact FVF Law Firm at (512) 640-2146 for a free consultation. Our lawyers have over 100 years of combined experience handling premises liability cases.