In Texas, premises liability holds a landowner, homeowner or property manager responsible for injuries that occur to others on their property. Since it is a board category of personal injury law, it encompasses various different types of accidents, such as slip and falls, dog bites, gym injuries, negligent security, staircase falls, and swimming pool accidents.
Simply getting injured on someone else’s property does not mean you have a premises liability claim on your hands. The following four elements must first be met:
- The property or land owner knew of a dangerous or harmful property condition.
- The condition posed an unreasonable level of danger to others.
- The property or land owner failed to properly warn visitors of the dangerous condition.
- The property or land owner did not reasonably reduce or eliminate the dangerous condition.
- The injuries sustained by the other person were directly caused by the property or land owner’s negligence.
Typically, any person injured on another person’s property can file a premises liability claim if they suspect negligence played a role. However, there is an exception when the person was trespassing at the time. Even then, trespassers may have the right to compensation if the property owner willfully acted to harm them. When it comes to children, there is the attractive nuisance doctrine—in which a landowner may be held liable if a child trespassing is injured on their property, only if the injury is caused by a hazardous condition or object that is likely to attract a child.
If you or someone you know has been injured on someone else’s property due to negligence, please contact our Texas premises liability attorneys at Lyons & Simmons, LLP. We can work with experts and use animations, presentations, and diagrams to bring your case to life in court.
Call (844) 297-8898 or contact us online to set up a free consultation.