Premises Liability

Understanding Premises Liability

Premises liability law dictates that property owners are responsible for ensuring their premises are safe and free of obvious hazards for individuals entering the property. If a property owner invites a guest onto their property and that guest sustains an injury due to a hazardous condition, the property owner may be held accountable for the guest’s injury.

For instance, property owners are obligated to maintain non-slippery flooring without debris that could cause trips. They must also guarantee adequate lighting and proper upkeep of the property, such as ensuring staircases are intact and floorboards are secure.

However, to establish liability on the part of the property owner, it is essential to show “negligence.”

• Demonstrating negligence involves proving that the property owner was aware of or should have been aware of the hazardous condition causing the injury and failed to take corrective action.

Key Components of a Premises Liability Lawsuit

The successful presentation of a case requires proving the following elements:

(1) The defendant has control of the premises.

It goes beyond proving ownership and encompasses demonstrating control over the premises. Even individuals renting property can be held accountable.

(2) The plaintiff was authorized to be on the premises.

The claim is valid only if the plaintiff had the lawful right to be on the property, whether through invitation or license. Trespassers lack the right to file a claim.

3. The defendant violated their responsibility to maintain safe premises.

This element is often deemed crucial, as it establishes that the defendant had a duty to uphold safety on the property but failed to do so.

In summary, it is imperative to show that the defendant owed a duty, breached that duty, the breach led to the accident, and the accident resulted in damages. Highlighting these four fundamental elements contributes to a strong premises liability claim.

Special Premises Liability Regulations in Texas

Similar to other states, Texas boasts its unique set of regulations and exceptions in premises liability matters. These regulations can surprise those not well-versed in them, so familiarizing yourself with them can offer clarity to individuals engaged in premises liability disputes.

These particular regulations encompass the following:

Trespassers – Property owners generally have a duty to ensure the safety of invited individuals on their premises. If an injury occurs while someone is trespassing, landowners typically bear no responsibility for the resulting harm. However, if the landowner becomes aware of the trespass in real-time, they are obligated to safeguard the trespasser from known risks.

Criminal Acts – In Texas, landowners are typically not held liable for intervening in altercations between individuals or preventing harm caused by illegal actions. Exceptions exist when minors, employees, or contractors are involved, mandating preventive action in certain cases.

Contractors – In the event of an independent contractor sustaining injuries during their work, landowners may be deemed responsible if they were already aware of the threat that led to the contractor’s injury.

Government Liability – Under Texas legislation, citizens are permitted to seek damages if negligence by a government-employed individual results in losses.

Can an Injured Trespasser Sue a Texas Property Owner?

In select and restrictive scenarios, an injured individual may be eligible to pursue a premises liability lawsuit even if the injury occurred while trespassing. Though it may seem like an unusual legal avenue, grasping the definitions of different types of property visitors clarifies why trespassers might have grounds for a claim.

According to Texas law, there are three primary visitor classifications:

Invitees: Expected guests on a property. Examples include visiting guests, store patrons, restaurant diners, and theme park visitors.

Licensees: Can enter a property to serve the owner’s interests. For instance, a plumber entering a business to conduct repairs is considered a licensee.

Trespassers: Illicitly access a property without the owner’s permission. This could involve disregard of signage and unauthorized entry through fencing. Alternatively, it could encompass individuals who refuse to vacate a property after being requested to do so.

The responsibilities of a property owner differ based on the status of the visitor. For invitees and licensees, property owners are expected to inspect the premises, rectify hazards, or caution against dangers. However, the duty towards a licensee entails only warning them about dangers.

Given trespassers’ unpredictable presence, property owners are generally not obligated to forewarn them about potential hazards. The exception arises when a property owner intentionally harms a trespasser, such as setting traps. Similarly, property owners cannot inflict harm on peaceful trespassers who do not pose a threat.

Liabilities in Agritourism

The Agritourism Act can minimize a landowner’s liability in the event of a visitor’s injury during an agritourism experience. Agritourism involves welcoming individuals to farms, ranches, or similar agricultural establishments for tourism endeavors and supplemental income. This legislation lessens the liability of agricultural landowners if they have posted cautionary notices or secured waivers from guests. Similar to the Recreational Use statute, this provision may not always apply, and affected parties should seek legal counsel to explore their options.