Wondering how premises liability laws work in Texas? These laws are based on the different categories of visitors, elements of premises liability cases, negligence, and other relevant factors.
Speak with a Houston premises liability lawyer to learn more about these laws. Depending on your circumstances, you may have grounds for a premises liability claim or lawsuit.
Premises Liability Laws in Texas Classify Visitors into Categories
In terms of how premises liability laws work in the State of Texas, you may be a visitor if you go to someone’s home or business.
However, the type of visitor you are can determine if you are eligible to file a premises liability claim or lawsuit if you are injured on another party’s premises.
Below are details about the 3 categories of visitors in Texas:
- Invitee: If you enter a property with permission, you may be an invitee. As such, a property owner is required to comply with a high duty of care, as they must maintain safe premises to ensure you do not get hurt.
- Licensee: A social guest or a contractor performing a service at a home or business may be considered a licensee. With a licensee, a property owner has a duty of care, but it is less than that of an invitee.
- Trespasser: If you go onto someone’s property without their consent, you may be classified as a trespasser. For a trespasser, it is incredibly difficult to obtain compensation from a property owner if they suffer injuries on the property.
Since 2016, Lowe Law has been providing justice for our clients in premises liability cases and many others. We have recovered millions of dollars in compensation for our clients.
If you are weighing the pros and cons of suing a property owner after you are injured on their premises, we can help. To get started, consult with a Houston personal injury lawyer from our team.
Texas Premises Liability Laws Work Based on Various Elements
For those who are wondering how Texas premises liability laws work in personal injury cases, consider what can happen if you take legal action against a property owner.
In this scenario, you must be able to prove that the property owner was negligent. This requires you to show that the following elements of negligence were present when you got hurt:
- Duty of Care: A property owner has a legal obligation to keep their premises free of hazards. This may be the case for business owners, landlords, and many others.
- Breach of Duty of Care: The owner failed to fulfill their duty, exposing you to dangerous conditions on their premises.
- Causation: Since you were subjected to property hazards, you were involved in an accident on someone’s property and suffered injuries.
- Damages: Because the property owner breached their duty of care, you were involved in an accident on their premises and are dealing with losses.
Have a premises liability attorney review your case against a property owner. Your lawyer can explain if they believe a claim or lawsuit is warranted.
If so, you may have up to two years from the day you were injured to request compensation from the liable property owner, per Texas Civil Practice and Remedies Code Section 16.003.
Negligence Plays a Role in the Way Premises Liability Laws Work in Texas
With premises liability laws and how they work in Texas, it is not enough to say that you were injured on someone’s property and deserve compensatory damages from them. Even if you follow the timeline for a personal injury lawsuit in Texas, you must prove that a property owner acted negligently before a judge or jury will award damages.
Proving negligence requires you to show that a property owner was careless or reckless and committed an act that led to your accident and injuries on their premises.
On top of that, you must verify that you face medical bills, lost wages, pain and suffering, and other damages due to this property owner’s actions.
According to Texas Civil Practice and Remedies Code Section 33.001, proportionate responsibility can dictate the outcome of a premises liability case. If a judge or jury rules you are 1-50% liable for your accident and injuries on someone’s property, the court may reduce your damages by your percentage of fault. Or, if you are over 50% liable, you may not get damages.
Premises Liability Laws in Texas Give You a Brief Window for Filing a Claim or Lawsuit
As far as the way premises liability laws work in Texas, the window for submitting a claim or lawsuit may not be extended. If you are injured on someone’s property, you have two years from the date this happened to seek compensation from the liable party. After this window closes, you may be responsible for all losses associated with your accident and injuries.
When in doubt about whether a premises liability claim or lawsuit is a viable option, talk with a personal injury attorney. Then, you can get information about how much your case may be worth and how personal injury settlements are calculated. Your lawyer may help you get money for your losses through settlement negotiations or by bringing your case to trial.
Once you file a personal injury claim in Texas, your attorney may engage in settlement negotiations. For instance, your lawyer may go back and forth with a property owner’s insurance company after you suffer injuries on their premises. They may secure a settlement that meets your expectations. If not, you still have the option of presenting your case in court.
The Bottom Line on How the Premises Liability Laws of Texas Work
Unfortunately, the premises liability laws in Texas and how they work can be confusing. Thankfully, the Lowe Law team can help you navigate these laws. We can teach you about the rules and regulations that apply to premises liability claims and lawsuits.
Our team can also help you get money if you have been injured on someone’s property. Contact us today.
