Premises Liability

In layman’s terms, a “slip and fall” or “trip and fall” injury refers to an accident that results in personal injury on the property of another, usually due to some negligent maintenance, defect, obstruction, or construction of the property or structures thereon. However, in a legal sense, these types of injuries fall under a broad body of law known as Premises Liability. Other common types of premises liability cases involve accidents such as falling merchandise not adequately secured by a store owner, or a dangerous condition on land, left open to children or to the public without an adequate warning. These types of accidents occur due to the negligence of landowners, store owners, construction sites and businesses across Texas. If you have been injured in a Texas slip and fall accident, contact an experienced Texas premises liability lawyer today.

Why Should You Obtain a Slip & Fall Attorney?

Our law firm of personal injury lawyers cover slip and fall litigation because cases in this area center on the issue of negligence. A well-qualified Texas premises liability lawyer will be experienced with this difficult area of law and know how best to navigate the legal system to your advantage.

How Long Do You Have To Contact a Slip & Fall Attorney?

In Texas, the “Statute of Limitations” sets the deadline for filing personal injury actions, such as premises liability claims, at two (2) years from the date of the accident. Therefore, you must either settle your claim or have a lawsuit filed in a state district or county court within two years from the date you were injured or your claim will be time barred.

Texas Premises Liability Law — The Basics

When you or a family member slips and falls on someone else’s land and sustains a personal injury, they may be entitled to monetary compensation if a dangerous or preventable condition is to blame. If you or a loved one has been injured due to a slip and fall accident or another accident caused by a dangerous condition, a Texas premises liability attorney can help you get the compensation you deserve.

As noted, premises liability actions are based in negligence, or legal fault. The injury must be “caused” by a “condition” upon the land (or building located upon the land) at issue. To be liable for negligence under Texas law, there must be:

1. A special duty of care existing between the injured party and the negligent party;
2. A breach of that duty; and
3. The negligence must be the “proximate cause,” or legal cause, of the victim’s injuries and damages.

One recent change in Texas Premise Liability law can be found in the adoption of Chapter 95 of Texas Civil Practice & Remedies Code, which completely protects a property owner from an injured party’s claims, if the claims are based upon the negligence of a contractor or sub-contractor, unless the owner:

1. Exercised control over the manner in which the Contractor’s work is performed;
2. Had actual knowledge of the dangerous condition resulting in the personal injury, death, or property damage; and
3. The property owner failed to give an adequate warning.

This is a very tough burden of proof to carry and it is nearly impossible for an average citizen to be successful without the competent and aggressive representation of a Texas Premises Liability Lawyer who knows the ins-and-outs of Texas’ premises liability law.

Criminal Acts of Sexual Assault, Assault and Murder — Is the Land Owner or Occupier Liable?

Far too often, we hear about people being injured or killed by the intentional, criminal act of a third party in areas such as apartment properties, mall parking lots, drive-thru lanes at fast food restaurants, events, or the like. In these cases, the legal issue turns upon whether the action that gave rise to the victim’s injury was foreseeable and whether reasonable steps could have been taken to prevent such activity on their property. Essentially, the relevant question is whether the Texas property owner could have done anything to make the area more safe that might have prevented the crime from occurring in the first place.

Texas accident lawyers often need to research the criminal complaints or calls made to the local police department regarding the particular piece of property at issue. Also, there may have been a number of “property crimes” in an area, such as car break-ins, but no violent crime calls. Thus, if someone is sexually assaulted, murdered, or attacked for the first time in an area, it may be hard to hold the defendant-property owner liable despite the calls made to the police regarding car break-ins. A qualified Texas premises liability attorney, however, will work hard to make the necessarily legal arguments on your behalf and get you the settlement you deserve. Contact us at (281) 494-1030, or online for a free consultation.

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