Texas Premises Liability Laws

Knowing the premises liability laws of any country you live in is an important part of living there. Truth is, once you occupy the confines of any premises, whether by living, working or visiting, liability laws regarding the same can significantly affect you. This is particularly true if you find yourself in an accident, mishap, or other unfortunate eventuality related to said premises. Below, we take a closer look at what the liability laws within the state of Texas are about.

About Texas Premises Liability Laws

In most cases, Texas premises liability laws come into play whenever an individual or persons experience an accident while being on someone else’s property. As such, Texas landowners are often concerned with being held liable should anyone become injured while on the premises in question.

On the other hand, those using the land, are often worried about whether or not there is any compensation for them and what the required course of action should be in the event they do get injured.

In Texas, a person injured on anyone’s land can do one of two things legally. He or she can either decide to pursue a negligent act claim or a premises liability claim, depending on the circumstances surrounding the incident. In the first instance, if there was an ongoing activity at the time of the incident that resulted in the injury (like construction, for example), then the person filing the claim can make a negligence claim.

However, should the plaintiff’s injury arise from a feature or condition on the land itself – as opposed to an ongoing activity, then the plaintiff will file a premises liability claim as per the Texas Premises Liability Laws.

Admittedly, claims filed under both the negligent act and the premises liability each have some form of negligence involved. However, as is intimated above, there are different conditions governing what must be proven under the different claims options. Under the negligence claim, the plaintiff must prove that the defendant breached a duty that was due to him/her and this breach/action consequently resulted in the plaintiff’s injury and damages.

Under the premises liability laws claim, the plaintiff must prove that the defendant knew that the premises had certain conditions or features that could result in serious harm to an individual. Additionally, it must be proven that the defendant or owner failed to mitigate or reduce the associated risks with conditions of the premises and this failure resulted in the plaintiff’s injuries and damages.

Get the Legal Help You Need Starting Now

If you or your loved ones living in and around the state of Texas are embarking on a premises liability lawsuit, then we can help. Feel free to contact our offices via the email, telephone, or other contact information you find on our website. A competent and friendly member of our legal team is waiting to hear your case! Our team is committed to your full compensation and is eager to help secure a victorious outcome for you. Contact us today!

 

Sources:

  1. https://agrilife.org/texasaglaw/2015/03/16/texas-landowner-liability-part-i-negligent-act-v-premises-liability/
  2. https://www.lexology.com/library/detail.aspx?g=aac8022e-de6f-4523-bc72-6986c5c2524f