Texas Attorney Michael Grossman Discusses Slip & Fall Injuries & Premises Liability Law in Texas
According to the law, property owners in the state of Texas must adhere to minimum reasonable safety standards for visitors to their property. Due to a legal principle known as premises liability, a visitor to a property who suffers an injury due to the property owner’s negligent refusal to provide reasonable safety can legally seek damages from the property owner through a personal injury lawsuit.
The handling of a premises liability case, however, relies a great deal on the nature of the visitor and the circumstances in which the accident occurred.
If you or a loved one was injured while visiting someone else’s property, the attorneys at Grossman Law Offices want to help you better understand premises liability and the processes and challenges you will face in seeking fair restitution.
Three Types of Visitors
Legally speaking, a property owner owes the duty of safe conditions to nearly every visitor to his or her property. Many people don’t realize, though, that the property owner owes different legal expectations for different types of visitors. Texas law recognizes three distinct types of visitors in cases involving premises liability:
- Invitees are people who enter another person’s property willfully and deliberately for the benefit of both the property owner and the visitor. A shopper entering a store, for instance, can benefit him or herself by purchasing something he or she needs, while the property owner benefits by making a sale.
- Licensees are visitors who willfully and deliberately enter another party’s property but only the visitor benefits from the visit. It might seem odd, but the law considers a person dropping by to visit a friend as a licensee because that type of visit allegedly only benefits the visitor.
- Trespassers are people who enter another person’s property deliberately, willfully and illegally. A burglar breaking and entering is a prime example of a trespasser.
Different Legal Duties Owed For Different Visitors
Property owners owe three different duties for visitors:
- To seek out dangerous hazards on the property and warn visitors of them
- To warn visitors of dangerous hazards on the property that the owner is already aware exist
- To avoid willfully and deliberately injuring visitors
Property owners do not, however, owe all three of these duties to all visitors. Property owners owe only invitees the responsibility of searching for and warning of the existence of dangerous hazards. Property owners must attempt to locate slippery floors, sinkholes, or frayed electrical wires or other such dangers and then warn invitees about these problems. The law requires property owners to actively seek environmental hazards.
Only invitees and licensees are required to be warned of pre-existing dangers according to Texas premises liability laws. For instance, if a property owner installs an electric fence to protect his or her property, then he or she must mark the fence clearly or be held liable for any electrocution injuries or deaths.
Property owners cannot willfully and deliberately injure any visitors to their property – even someone who has entered the property illegally. A property owner cannot set dangerous traps to injure someone breaking into the property, or the property owner is liable for any injuries the burglar may suffer as a result.
Premises Liability Accidents
Premises liability injuries that are eligible to file lawsuits can include but are not limited to:
- Slipping and falling: when dangerous conditions like a wet floor, a frayed rug or a negligently placed extension cord causes an invitee to slip and fall.
- Elevator collapses: a visitor who is injured during an elevator accident can file a claim against the property owner even when faulty machinery cause the collapse.
- Falling down stairs: if a visitor falls due to a lack of adequate lighting or a handrail or possibly due to a missing or uneven step.
- Criminal activity: if a crime results in an injury to an invitee, such as a customer shot in a jewelry store heist, then the injured party or his or her family in the event of a wrongful death, may file a claim against the property owner.
- Animal attacks: property owners can be held liable for injuries caused by their own animals to visitors, as well as, any injuries caused by any animal on his or property.
Many different elements can affect a premises liability lawsuit, and a property owner can be liable for a wide variety of hazards: from a failure to put down a wet floor sign, to a lack of adequate lighting, to an angry copperhead snake. If you have been injured on somebody else’s property, then you need the help of an experienced premises liability lawyer to sort through the specific details of your case and the complex laws in question, so you can get the compensation to which you are entitled.
After 20 years trying cases all over the Lone Star State, the attorneys at Grossman Law Offices are here to help you understand the options available to you to seek restitution. We have won settlements from virtually every major insurance company in the country, proving over and over again that we know how to get compensation for the victims of premises liability injury cases. The insurance companies are imminently aware that its better to settle with us now than go to trial and pay more later. In many cases, our clients quickly receive settlement offers and can get back to enjoying their lives with minimal expense and inconvenience.
We can help you get back to living your life too by quickly and efficiently settling your claim. If you or someone you love has been injured while visiting someone else’s property, then call our experienced a premises liability lawyers today for a free consultation. We will answer any questions you have and get you on your way to finding just restitution for your injuries.
