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Our Texas personal injury attorneys are highly experienced in dangerous property claims. We will thoroughly investigate the incident that led to your injuries to discover who is at fault for the dangerous condition. We will then analyze whether another party is liable for compensating you for your injuries. When you have a valid premises liability claim, then we will represent your interests and fight for financial recovery.

To discuss how The Law Giant and how our liability lawyers can help you, call The Law Giant, Personal Injury & Accident Lawyers at 866-523-4167. You can also use our online form to request a free initial consultation.

Types of Premises Liability

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What Is Premises Liability?

Premises liability is an area of law that states property owners or managers may be liable when others sustain injuries on their property. However, this is not a blanket liability. Not all property owners are responsible for all injuries sustained on their properties. Because Texas’ premises liability law can be complex, we recommend calling a premises liability lawyer if you were hurt on another person, business, or municipality’s property. You may have the right to pursue compensation from the property owner or the person in charge of it.

Property owners in Texas owe you a duty of care
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is the national median award in premises liability cases according to the U.S. Department of Justice.

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Defining Premises

To determine if you have a premises liability claim, you should know whether or not you were on another person’s premises. A premise includes all parts of a party’s property, including the land, buildings, and other structures or improvements. You can be on someone else’s premises when you are on a sidewalk, a lawn, or inside a building.

There are many types of premises, and our attorneys handle cases involving all of them. You may be injured on another person’s private property, such as in their home, by their pool, or on their boat.

You could be injured in private property that is open to customers, such as a grocery store, mall or shopping center, theater, amusement park, or stadium. In these situations, your claim may be against the property owner, the commercial tenant, or a maintenance vendor.

The Law Giant, Personal Injury & Accident Lawyers also has handled cases in which our clients were hurt on public property. You could have been hurt because of a defect in a public road, at a public park, or a public facility, like a swimming pool. When your claim is against a city, town, or county, you should speak with a premises liability attorney right away. You may have a brief period to provide notice of your claim and seek compensation.

Texas Premises Liability Law

Another important aspect of a product liability claim is the reason for being on the property in question. A landowner or manager’s legal duty toward you may differ depending on what brought you onto their premises. You may be defined as a licensee, invitee, or trespasser.

  • Licensee: A person who is on the property with consent of the owner or occupier for a non-commercial purpose. A licensee is on another’s property for their own purpose and benefit.
  • Invitee: A person who is on another’s property with consent for a business purpose that benefits both parties.
  • Trespasser: A person who does not have permission to be another’s property.

If you were a trespasser on another party’s property, then the property owner or manager has a minimal duty of care toward you. They do not have to keep you safe. They only have to refrain from gross negligence or intentional misconduct. So if you were injured on another person or business’s property, and you think it was because they laid a trap, call our liability lawyers right away.

If you are an invitee or a licensee, you can think of yourself as a customer or a guest. In both situations, the landowner or occupier owes a duty of care toward you. They must use ordinary care in making sure the premises are reasonably safe, and if they know of a dangerous condition, they must adequately warn you against it.

In many cases, you can only hold a property owner or manager responsible for defects they actually knew about. However, if you are an invitee, you may also hold property owners or occupiers accountable for hazards they had constructive knowledge of. In certain situations, you can hold the owners responsible for hazards that they reasonably should have found upon inspection and should have corrected or warned against.

As you can see, premises liability in Texas is not simple. Numerous factors influence the legal duty owed to you at the time of the accident. To determine the other party’s duty and your legal rights, call a premises liability lawyer as soon as possible. At The Law Giant, Personal Injury & Accident Lawyers, we will thoroughly review your situation and advise you of your rights. If you have a valid premises liability claim, we can guide you through the legal and insurance claim processes.

Premises Liability Cases We Handle

Our veteran attorneys at The Law Giant, Personal Injury & Accident Lawyers handle all types of premises liability claims. However, you were hurt, whatever the type of premises, do not hesitate to call us. We are here to help.

Negligent Maintenance

If a business, person, or municipality explicitly or implicitly invites you onto their property, then it is their responsibility to maintain their premises, including the land, walkways, and inside and outside of buildings. They should routinely inspect their premises and look for hazards that their guests or customers may not notice. If they find potential dangers, it is their job to make them inaccessible, fix them, or put up warnings. Failing to take these steps can be considered negligent maintenance.

Animal Attacks (Dog Bites)

Whether you are in your own yard, at the park, or at a friend’s home, you may not have worried about meeting new dogs. You might be a dog owner yourself or typically love dogs. Unfortunately, your attitude toward animals may not have prevented an attack. Another person’s dog may have been aggressive or trained to fight. You were in the wrong place at the wrong time and suffered serious injuries due to dog bites. Following a serious animal attack, call our premises liability attorneys to discuss your rights. You may be able to hold the dog owner or handler liable for your injuries.

Slip and Fall Accidents

One of the most common types of premises liability claims is slip and falls. Slips can occur because of wet, slick, or greasy floors, newly waxed flooring, spills, and carpet and rugs without non-slip backing. Anything that reduces friction between the floor and your footwear could cause you to lose your footing and fall. In some cases, the fall may hurt, yet not cause you much harm. However, falls can lead to serious injuries, including broken bones, dislocated joints, and traumatic brain injuries (TBI). If you fall from a height, you may experience injuries that lead to a long-term disability. After being hurt in a slip and fall, you should contact a premises liability lawyer.

Swimming Pool Accidents

In Texas, there is no shortage of swimming pools—public and private. You may enjoy using friends’ and family members’ pools or paying to use a public pool or private club’s facilities. In all of these cases, you expect the area to be safe. You should not have to deal with slippery surfaces, sharp edges, or uncovered filters. If you are placed in danger at a pool, though, and you get hurt, call a liability lawyer to discuss your legal options.

An Exception to Premises Liability: Open and Obvious Hazards

Property owners or occupiers are not always responsible for your injuries. There are exceptions to Texas premises liability law. One of the major exceptions is a hazard that is open and obvious. A property owner or manager is not liable for your injuries if you were injured because of an obvious hazard, which you should have noticed and avoided.

A hazard may be considered open and obvious if it is clearly visible to the average person. For example, if someone dropped a jar of spaghetti sauce at the grocery store, you will be expected to see a red spill on light-colored tile.

That being said, a property owner has to take you as you are. You may have limited vision, making it impossible to see hazards. Or, you may have other limitations that make it challenging for you to notice conditions other people may observe right away. You should not be denied compensation just because you have different or limited capabilities. In this situation, call a premises liability lawyer immediately. Our attorneys can fight back against a defense of an open and obvious hazard.

Premises Liability Compensation

If you were harmed because of a dangerous defect on someone else’s property, then you may have the right to pursue compensation. At The Law Giant, Personal Injury & Accident Lawyers, we are here to help you pursue an appropriate settlement that covers all of your economic and non-economic injuries.

We will fight for you to receive the maximum amount of compensation for:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Physical pain and suffering
  • Mental anguish
  • Disfigurement
  • Physical limitations

In many premises liability cases, we find that individuals do not properly value their claims. You may not realize that you can seek compensation for certain damages. We also work with individuals who believe they may achieve a higher amount of compensation than is likely. This is one of the many reasons we recommend working with a premises liability attorney. By hiring a lawyer, you have someone experienced in these matters to calculate the value of your damages and negotiate, so you receive a fair settlement.