What Are the Laws Around Premises Liability in Texas?

Accidents can happen anywhere: from incidents at theme parks to a slip-and-fall at a restaurant or an injury at a friend's home from a damaged railing or missing step. However, there are certain rules that apply when you are hurt on someone else's property in Texas.

In a nutshell, premises liability makes the property owner liable for any accidents that occur there. Although the duty of care may change based on the property, the circumstances, or even the identity of the injured party, it applies to both businesses or companies and private property owners.

When an owner neglects to maintain their property, and someone is hurt as a consequence, a premises liability action may emerge. Essentially, the purpose of premises liability is to make sure that property owners maintain a particular level of safety for guests on their property.

What Are the Different Types of Premises Liability?

There are a number of types of premises liability, though some of the most common include the following:

  • Slips and falls
  • Dog bites
  • Injuries caused by damaged or unkempt property, like broken railings
  • Swimming pools and drownings
  • Accidents caused by drinking or being served too much alcohol while on the premises

Premises Liability in Texas

The responsibility placed on property owners in the event of accidents on the premises is covered under the Texas premises liability legislation. In Texas, like in many other jurisdictions, an accident victim may seek damages from a property owner for any injuries sustained on the property.

However, the ability to seek compensation depends on why you were on the property in question: whether you were a trespasser, a business visitor (or invitee), or a guest.

Common Premises Liability Injuries

Injuries sustained as a result of premises liability accidents in Texas might vary widely. Slipping or tripping over something that wasn't there before may cause cuts, bruises, broken bones, and concussions, but it can also cause more serious injuries to the head, back, or spine.

Some wounds may cause agonizing agony and disability for months or even years. If the victim's injuries are severe enough, they may be unable to return to work for an extended period of time.

You may be eligible for financial compensation as a victim for things like medical expenses, pain and suffering, and more.

Submitting a claim for premises liability may entitle you to compensation for necessary medical expenses, including those incurred for hospitalization, doctor's visits, medications, and diagnostic procedures. You may also be able to get money back for lost wages that have happened because of your inability to work.

You are also entitled to compensation for non-monetary losses and damages, including physical and mental anguish, disfigurement, and loss of consortium. There is no monetary value that can be assigned to these sorts of losses and damages.

If you've been hurt on someone else's property and want to file a premises liability claim, it's usually in your best interest to file a formal report with the owner and/or management firm as soon as possible. Reporting the event creates a paper trail that makes it harder to conceal what happened and provides you with proof to back up your claim.

Claiming Compensation Under Premises Liability

In order to get compensation for your injuries, you will often need to bring a claim of negligence against the property owner. An experienced personal injury attorney can help you file a premises liability lawsuit, compile supporting evidence, and present your case effectively.

In order to prove negligence in a premises liability case, you will need to show:

  1. Dangerous issues were not addressed or made clear to guests on the property.
  2. The owner had some way of knowing about the risk(s).
  3. The owner should have taken all necessary steps to prevent or mitigate injuries, but they didn't.
  4. Because of the hazard or the mishap that it caused, you sustained some kind of injury or other harm.

Consider going to a theme park where, unbeknownst to you and the other visitors, large chunks of concrete have been knocked out of place along a main thoroughfare. The amusement park owner is well aware of the potential hazards posed by the broken sidewalk and the lack of warning signs, yet he or she continues to allow access to these places.

You're taking a leisurely walk around the amusement park when you trip over a crack in the pavement and break your ankle among other bones. Medical attention is needed very away, and there may be consequences like missed time at work or diminished ability to do daily tasks as a result of these injuries.

Contact a Dallas Premises Liability Lawyer

If you are hurt on private or public property, the owner may be held legally responsible for your injuries. If you were hurt because of someone else's carelessness, you may be able to recoup some of the costs associated with your care and recovery as well as any income you lost while you were unable to work.

The Rasansky Law Firm has decades of experience representing people in your position, and we have earned the respect of Texans like yourself.

Call our Dallas premises liability attorneys at 214-617-1816 if you've been hurt on someone else's property in Texas and want to learn more about your rights and alternatives. We provide a free first case assessment and are available around the clock, every day of the week, to assist you and your loved ones.



2525 McKinnon Street #550 Dallas, Texas 75201

Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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