Premises Liability

Premises liability cases include such cases as your standard slip and fall case due to a dangerously slippery floor, construction site defects, defective or rotten stairs or balconies, lack of railings, improper markings on steps, flooring collapses, improper lighting, lapses in security, nuisances attractive to children and other dangerous conditions on premises. Many people suffer from the misconception that if they are injured on another’s property, that the property owner will likely be held responsible for these injuries. In fact the law in Texas is very burdensome for the victim and almost always necessitates the assistance of a qualified legal professional.

In Texas, the extent of a property owner’s responsibility for injuries on its premises depends in part on how the injured party came to be on the premises.  For example, a land owner has a lesser duty to a trespasser than he does for a person who is invited on to the land premises.  Nevertheless, even if a landowner invites a person on to his premises, generally the landowner is only liable if the injured party can prove the following:

1. The condition of the premises posed an unreasonable risk of harm,
2. The landowner knew or reasonably should have known of the danger, and
3. The landowner failed to use ordinary care to protect the injured party from danger, by both failing to adequately warn the injured party of the condition and failing to make that condition reasonably safe.

In order to meet this burden of proof, it is important to document the condition which caused the harm.  This is usually done by photographing the condition before it is altered or repaired.  As it is the policy in our state to encourage landowners to repair defects on their premises, any repairs that are made to correct the defect after the incident are usually not admissible in court to prove the landowners negligence.

If you have a premises liability case, it is important to have an attorney who is familiar with these types of cases and can properly evaluate your claim and obtain the evidence necessary for you to prevail.