Premises Liability Lawyer in Houston, Texas
Practice Areas
When property owners fail to maintain safe conditions, innocent people get hurt. If you’ve been injured due to unsafe premises—a slip and fall, inadequate security, or hazardous conditions—you deserve more than an apology. You deserve experienced personal injury representation that’ll fight for your rights.
Premises liability law in Texas governs the legal responsibility of property owners and occupiers for injuries that occur on their property. At Bradford N. Oesch, P.C., we have experience in premises liability cases across Houston, Texas, delivering aggressive advocacy and compassionate counsel to help you recover compensation and justice.
Contact our law firm today to schedule a consultation for your premises liability case.
Injured on Another's Property?
Premises Liability in Texas
Texas courts follow a status-based approach, which means that the duty a landowner owes to a visitor depends largely on the visitor’s legal status. There are three primary classifications: invitees, licensees, and trespassers.
Classification of Visitors
Reviewing the classification of visitors is crucial in premises liability cases, as it determines the scope of duty the landowner owes.
Invitees: An invitee is someone who enters the property with the owner’s knowledge and for the mutual benefit of both parties. Landowners owe the highest duty to invitees. They must inspect the premises for unsafe conditions, correct known hazards, and warn invitees of dangers.
Licensees: A licensee is someone who enters the property with permission but for their own purposes, not for the mutual benefit of the landowner. Social guests typically fall into this category. The landowner must not willfully or wantonly cause injury, and warn the licensee of any known dangerous conditions that aren't obvious.
Trespassers: A trespasser is someone who enters the property without permission. This category includes not only those who intentionally violate property boundaries but also those who wander onto land unknowingly. The landowner owes the least duty to trespassers, but must refrain from willfully or through gross negligence, injuring them.
The duty of care a landowner owes hinges on the visitor's classification as an invitee, licensee, or trespasser, with invitees afforded the highest level of protection and trespassers the least.
Elements of a Premises Liability Claim
To succeed in a premises liability claim in Texas, the plaintiff must prove the following elements:
Existence of a duty: The court first evaluates whether the defendant owed the plaintiff a legal duty. As discussed, this depends on the visitor's status.
Breach of duty: The plaintiff must show that the property owner breached that duty. For invitees, this could involve failing to inspect the premises or to clean up a known spill. For licensees, it might involve neglecting to warn them of a known hazard.
Causation: Causation includes two components, which are cause-in-fact where the injury wouldn’t have occurred “but for” the breach, and proximate cause, where the injury must be a foreseeable result of the breach.
Damages: The plaintiff must demonstrate actual damages, such as medical bills, lost wages, or pain and suffering.
Establishing each of these elements is essential for the plaintiff to hold the property owner legally accountable for injuries sustained on the premises.
Common Types of Premises Liability Cases
Premises liability encompasses a wide variety of incidents. Some of the most common include:
Slip and fall accidents: These are among the most frequent premises liability claims. A classic example is a person slipping on a wet floor in a grocery store where no warning sign was posted.
Trip and fall accidents: These often involve tripping over uneven flooring, torn carpets, or poorly maintained sidewalks.
Inadequate security: When a person is assaulted on a property due to inadequate security measures (such as poor lighting or lack of security personnel), the property owner might be held liable if the danger was foreseeable.
Dog bites: While dog bite cases can fall under premises liability, they’re often governed by specific statutes and rules, including the “one bite rule” in Texas.
Swimming pool accidents: These are especially relevant to child trespassers. Texas law recognizes the attractive nuisance doctrine, which holds property owners liable if an artificial condition (like a pool) lures a child onto the property and the child is harmed as a result.
These examples show just how many different situations can lead to a premises liability claim, each one bringing its own set of circumstances and legal challenges.
Defenses to Premises Liability Claims
Property owners have several defenses they can use to avoid liability in Texas:
Open and Obvious Doctrine
If the hazard was clearly visible or obvious, the landowner may argue that the injured party should have recognized and avoided it. For invitees, this can significantly reduce the owner's duty.
Assumption of Risk
If a person voluntarily encounters a known danger, they may be considered to have assumed the risk, thereby absolving the property owner of liability.
Comparative Negligence
Texas follows a modified comparative negligence rule. If the injured party is found to be more than 50% at fault, they can't recover any damages. If their fault is 50% or less, their compensation will be reduced by their percentage of fault.
No Actual or Constructive Knowledge
A landowner may argue that they had no actual or constructive knowledge of the hazard, particularly in slip-and-fall cases.
A property owner in Texas can utilize several defenses against premises liability claims, including the open and obvious doctrine, assumption of risk, comparative negligence, and lack of actual or constructive knowledge of the hazard.
Notable Texas Laws and Case Law
These cases and laws are crucial in shaping the duties of property owners and the rights of visitors in premises liability cases in Texas.
Texas Civil Practice and Remedies Code
This code contains provisions affecting premises liability claims. For example, §75.001 provides immunity to landowners who allow recreational use of their land without charging a fee, under certain conditions.
Corbin v. Safeway Stores, Inc. (1991)
This landmark Texas Supreme Court case helped define the duties owed to invitees. The court emphasized that a plaintiff must prove the owner had actual or constructive knowledge of the hazardous condition.
Del Lago Partners, Inc. v. Smith (2010)
The court found that a hotel could be liable for injuries caused by a bar fight due to its failure to intervene despite a foreseeable risk, thus expanding the doctrine of negligent security.
These Texas laws and cases play a crucial role in defining the responsibilities of property owners and the rights of visitors, shaping the makeup of premises liability law in the state.
Premises Liability and Government Entities
Claims against government entities in Texas are more complicated due to sovereign immunity. The Texas Tort Claims Act (TTCA) allows limited claims against governmental units but imposes strict procedural rules and caps on damages.
For example, to sue a city for injuries on public property (like a sidewalk or public park), the plaintiff must file a notice of claim within six months of the incident, and liability is limited to specific circumstances, such as motor vehicle accidents or dangerous conditions of real property.
Impact of Premises Liability on Businesses and Homeowners
Both businesses and homeowners must understand the potential for liability. Businesses in particular face a high standard of care due to the number of invitees they host. Regular inspections, maintenance logs, security protocols, and safety training are vital for reducing liability.
Homeowners also face risks, especially when hosting guests. Making sure that walkways are well-lit and free of hazards, pools are secured with fences, and dangerous dogs are restrained can mitigate the risk of a lawsuit.
Insurance and Premises Liability
Insurance plays a critical role in premises liability cases. Most homeowners' and commercial general liability insurance (CGL) policies cover claims related to injuries on the property.
However, there are exceptions. Policies may exclude coverage for intentional acts, dog bites (depending on the breed), or business activities conducted in a home without proper notification.
Contact a Houston Premises Liability Attorney Today
Premises liability in Texas is an intricate but crucial area of law that balances the rights of those with the responsibilities of property owners. I, Brad Oesch, am here to help you with your case. If you need a premises liability lawyer in Houston, Texas, contact me at Bradford N. Oesch, P.C. today to schedule a consultation.