Premises liability refers to the legal responsibility of a property owner or occupier for injuries or harm that occur on their property. In Texas, a property owner has a duty to keep their property safe and warn of any hazards or dangers that may exist. If a person is injured on a property due to the owner’s negligence, they may be able to bring a premises liability claim to recover damages.
Under Texas law, the duty owed by the property owner to a visitor depends on the visitor’s classification. There are three classifications: invitees, licensees, and trespassers. An invitee is someone who is on the property for the benefit of the owner, such as a customer in a store. An owner owes the highest duty of care to an invitee, including the duty to keep the property safe and warn of any hazards. A licensee is someone who is on the property with the owner’s permission, but not for the owner’s benefit, such as a social guest. The owner owes a lesser duty of care to a licensee, but must still warn of any known dangers. A trespasser is someone who is on the property without permission, and the owner owes the least amount of care to a trespasser.
To prevail on a premises liability claim in Texas, the plaintiff must prove that the owner or occupier had actual or constructive knowledge of the hazardous condition and failed to take reasonable steps to correct it or warn of the danger. The plaintiff must also show that their injury was caused by the hazardous condition.
If you or a loved one has been injured or killed on someone else’s property due to the owner’s negligence, it is important to find a skilled law firm to manage your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest-standing personal injury firm in Texas, and our attorneys are standing by to assist with your claim. Call us today at 713-222-7211 or 1-800-870-9584 for your free consultation.