If you’ve been injured due to a hazardous condition on someone else’s property, such as in a grocery store, apartment complex, parking lot, hotel, or other commercial or residential location, you may have grounds to hold the property owner legally responsible. Under Texas premises liability law, property owners and occupiers have a duty to maintain reasonably safe conditions for lawful visitors. When they fail to do so, and that failure results in injury, they may be held liable for damages, including medical expenses, lost wages, and pain and suffering.
The experienced Dallas personal injury lawyers at Crowe Arnold & Majors, LLP, have a proven track record of representing people injured as a result of another person’s negligence. Contact us for more information about pursuing your rights.
What Is Premises Liability?
In Texas, as noted, premises liability is a legal doctrine that holds property owners, occupiers, or managers responsible for maintaining reasonably safe conditions for those who lawfully enter their property. When a dangerous condition on the premises causes injury, and the responsible party knew or should have known about the hazard and failed to correct it or provide adequate warning, they may be held liable for resulting damages.
Premises liability applies to a wide range of settings, including businesses, rental properties, public spaces, and private homes. It often involves hazards such as wet floors, broken stairs, inadequate lighting, or negligent security.
Types of Property Hazards That May Lead to Liability
These hazards vary widely but often lead to well-recognized types of accidents, including but not limited to the following:
- Wet or slippery floors from spills or leaks can cause slip and fall accidents, leading to broken bones, head injuries, or back trauma. Our Dallas slip and fall lawyers can build a case to pursue full compensation for your injuries.
- Broken or uneven stairs, missing handrails, or damaged walkways frequently result in trip and fall incidents, particularly in stairwells or poorly maintained entryways.
- Inadequate lighting in parking garages, stairwells, or hallways can contribute to falls or criminal assaults, especially in secluded areas.
- Structural defects, such as loose flooring or unstable balconies, can lead to falling accidents or crushing injuries.
- Improperly secured merchandise or shelving in stores can lead to injuries from falling objects, sometimes causing concussions or neck injuries.
- Malfunctioning elevators or escalators, often due to poor maintenance, can result in sudden jolts, entrapment, or falls.
- Swimming pool hazards, such as missing fencing or inadequate supervision, can lead to drownings or slip and fall injuries.
- Inadequate security, especially in areas with a history of crime, can expose visitors to an assault, particularly if lighting, surveillance, or access control is lacking.
- Fires, gas leaks, or carbon monoxide exposure, often due to code violations or defective systems, can lead to burns, poisoning, or fatal injuries.
These examples illustrate how a property owner’s failure to maintain safe conditions can turn everyday spaces, like homes, stores, or public venues, into hazardous environments. Understanding how these incidents arise is key to understanding your legal rights and determining whether you may have grounds for a premises liability claim.
Texas Laws on Premises Liability
Premises liability law in Texas focuses on whether a property owner or occupier exercised reasonable care under the circumstances. Courts evaluate liability by examining several key factors:
- Whether the owner knew or should have known about the dangerous condition
- Whether the hazard was open and obvious or concealed
- Whether reasonable steps were taken to repair the condition or provide adequate warning
- Whether the injured person was lawfully on the property, such as a customer, tenant, or invited guest
- Whether the injured person exercised reasonable care for their own safety
Modified Comparative Negligence Rule
Texas follows a modified comparative negligence rule under Texas Civil Practice & Remedies Code § 33.001, which means that an injured person may recover damages only if they are found to be 50% or less at fault for the incident. If you are partially responsible, your compensation will be reduced in proportion to your percentage of fault.
For example, in a slip-and-fall case at a grocery store, a court may find that both the store and the customer share responsibility if the store failed to clean up a spill, but the customer was distracted by their phone. An experienced Dallas premises liability attorney knows how to challenge the unfair allocation of fault and protect your right to recover compensation under Texas comparative negligence law.
Who Can Be Held Liable?
Liability in a premises liability case often depends on the nature of the property, the relationship between the parties, and who exercised control over the area where the injury occurred. In many cases, multiple parties may share legal responsibility for maintaining safe conditions.
Potentially liable parties may include:
- Business owners or operators, particularly in retail, hospitality, or service settings
- Commercial property landlords, depending on lease terms and control over common areas
- Residential landlords or apartment management companies, especially for hazards in shared or maintained spaces
- Private homeowners, when guests are injured due to unsafe conditions on the premises
- Third-party maintenance, cleaning, or repair contractors, responsible for creating or failing to remedy a hazardous condition
- Security companies, when negligent security contributes to foreseeable criminal acts on the property
Our Dallas unsafe property injury lawyers conduct a thorough investigation to identify every potentially liable party. This comprehensive approach helps ensure that no aspect of your claim is overlooked and that all avenues for compensation are pursued.
Steps to Take If You Were Hurt on Someone Else’s Property
If you’ve been hurt on another person’s property, the steps you take can make a real difference in your health and well-being and any future claim you bring:
- Seek medical attention right away, even if your injuries appear minor. Prompt treatment documents your injuries and can prevent complications that might worsen over time.
- Report the incident to the property owner, manager, or an on-duty employee as soon as possible. Prompt reporting creates a formal record of the accident, which can serve as critical evidence in establishing notice and supporting your premises liability claim.
- Take photos of the hazard, your injuries, and the surrounding area. Visual evidence can clearly show the conditions that led to your injury and support your case.
- Gather contact information from witnesses. Witness statements can provide an unbiased account of the accident, helping to establish what happened.
- Save your clothing and shoes, as they may become relevant evidence. Items worn during the accident can show how the incident occurred and the severity of your injuries — store in clean paper bags, not plastic.
- Avoid giving recorded statements to insurance companies before speaking with an attorney. Anything you say may be used to reduce or deny your claim, so it’s best to consult a lawyer first.
Because hazards are often repaired quickly after an accident, acting swiftly can help preserve crucial evidence.
Resolving Your Property Injury Claim
In Texas, premises liability claims can be resolved in several ways. Some are settled outside of court, where your lawyer negotiates with the property owner’s insurance company to recover compensation for medical bills, lost wages, and pain and suffering.
If a fair settlement cannot be reached through negotiation, both parties may choose to use mediation, or a court may encourage them to do so, to explore a resolution without proceeding to trial. However, a lawsuit may be necessary, with a judge or jury ultimately determining liability and damages.
No matter the path your case takes, our premises liability attorneys in Dallas are prepared to guide you through every step and advocate for your best interests.
Why Choose Crowe Arnold & Majors, LLP
Crowe Arnold & Majors, LLP, brings more than 65 years of combined experience representing injured Texans. Our CAM lawyers have recovered hundreds of millions of dollars in verdicts and settlements on behalf of our injured clients with efficiency, sound strategy, practical advice, and skill.
We handle the legal complexities of your premises liability claim, from investigating the hazardous condition, preserving key evidence, and identifying all responsible parties, to coordinating expert testimony, negotiating with insurers, and, when necessary, presenting a strong case in court. You can focus on recovery while we pursue the compensation you are entitled to under Texas law.
We work on a contingency-fee basis, which means you pay nothing unless we win compensation for you, so you can pursue a claim without worrying about upfront costs or hourly fees.
Contact an Experienced Premises Liability Attorney Today
An experienced Dallas personal injury lawyer at Crowe Arnold & Majors, LLP, can help you recover compensation for your losses and damages. Contact us today for a free consultation. We are here to stand by you and help you move forward.
