Premises Liability

Hazards potentially exist around every corner, however, property managers and owners have a special duty to minimize the risk of potential harm to visitors on their property. Whether it be an improperly constructed stair-step, chemical exposure, missing guardrails, slip and fall incidents, property owners’ negligence may have played a role in causing your injury.

What is premises liability law in Texas?

• When you are injured as a result of a dangerous or defective condition located on someone else’s property, this type of injury would be pursued in a premises liability cause of action. Not everyone is eligible to bring a premises liability claim after an injury unless you meet certain conditions.

The three main conditions necessary to prove a premises liability claim are:

• The premises owner/manager owed you a legal duty of care because of your status as a visitor at the time of the incident.
• The premises owner/manager breached their legal duty of care.
• The visitor sustained injuries/damages as a result of the premises owner/manager’s breach of duty.

Three types of visitor status exist in premises liability law:

• Invitees include visitors on the property with consent and for the mutual benefit of all parties. Property owners owe invitees the highest duty of care.
• Licensees includes visitors on the property with consent, but for their own purposes, i.e. salespersons or social guests. Property owners have a responsibility to warn licensees about known dangerous conditions that exist on the property or to make them reasonably safe.
• Trespassers include visitors who are not legally allowed to enter a property. Property owners only have a responsibility to avoid recklessly or intentionally harming trespassers.

If you are unsure if you have a premises liability case, call Alonso and de Leef today. Our legal team offers free consultations to all victims of premises liability.