Premises Liability Lawyer in West Texas

Property owners and managers must take reasonable steps to keep their property safe. When they do not, visitors, customers, tenants and workers can be seriously hurt. If you were injured because of a dangerous condition on someone else's property in West Texas, the Daspit Law Firm can investigate what happened and fight for the compensation you need.

What Is a Premises Liability Claim?

A premises liability claim holds a property owner, manager or occupier legally responsible when a dangerous condition on the property injures someone. In Texas, you must generally show that the owner or occupier knew about the hazard, or should have known about it, and failed to fix it or warn visitors in a reasonable time. For example, if a customer slips on a spill that employees ignored for a long time, the business may be responsible.

Your Status on the Property Matters

Under Texas law, the duty a property owner owes depends on why you were on the property:

•       Invitees (customers, guests and workers) are owed the highest duty: to make the property reasonably safe or warn of hidden dangers

•       Licensees (social guests) are owed a duty to warn of known hazards

•       Trespassers are generally owed a limited duty not to injure them intentionally or through gross negligence

Special rules apply to children, tenants and some other situations.

Common Types of Premises Liability Cases

•       Slip, trip and fall accidents in stores, restaurants and parking lots

•       Staircase, stairwell and elevator accidents

•       Dog bites and animal attacks

•       Swimming pool accidents

•       Negligent security leading to assault or other crimes, see negligent security

•       Fires and toxic exposure, see chemical exposure

•       Falling objects and defective structures

•       Inadequate lighting and poorly maintained walkways

Compensation You May Recover

•       Medical expenses and future medical care

•       Lost wages and lost earning capacity

•       Pain and suffering and mental anguish

•       Physical impairment and disfigurement

•       Wrongful death damages for families of those killed

What to Do After an Injury on Someone Else's Property

•       Get medical care and follow your doctor's instructions.

•       Report the incident to the property owner or manager and ask for a written incident report.

•       Take photographs of the hazard, the area and your injuries before conditions change.

•       Collect the names and contact details of witnesses.

•       Save the shoes and clothes you were wearing.

•       Do not give a recorded statement to the owner's insurance company before speaking with a lawyer.

Frequently Asked Questions About Premises Liability

What do I have to prove in a premises liability case in Texas?

Generally that a dangerous condition existed, that the owner knew or should have known about it, that the owner failed to fix it or warn you, and that this caused your injury.

How long do I have to file a premises liability lawsuit in Texas?

Generally two years from the date of the injury. Evidence such as surveillance footage is often deleted within weeks, so act quickly.

What if I was partly at fault for my fall?

Texas follows a proportionate responsibility rule. You may still recover if you are 50 percent or less responsible, but your compensation is reduced by your percentage of fault.

Can I sue if I was injured at a business, store or restaurant?

Yes, if the business's negligence caused a dangerous condition and you were injured. Businesses often have insurance for these claims.

Who is responsible if I was hurt at a rental property?

A landlord, property manager or both may be responsible, depending on who controlled the area where the injury happened.

What if the property owner lives out of state or is a large company?

We can still bring a claim. Large owners and property managers usually have insurance, and our office handles dealings with their insurers.