Understanding Premises Liability Cases in Texas

joseph Alexander • August 31, 2023

Premises liability cases can be confusing and complicated for the average person to understand. This type of case is a personal injury lawsuit that arises when a person sustains injuries on someone else's property due to a dangerous condition. If you are a Texas resident who has been injured in an accident, it's essential to understand your rights and legal options. In this blog post, we will explain everything you need to know about premises liability cases in Texas.


1. What is Premises Liability? 

Premises liability refers to the legal responsibility that a property owner has to ensure that their property is reasonably safe for visitors. This responsibility is not limited to repairing obvious hazards, but also includes inspecting the property regularly and taking reasonable steps to ensure that all hazards are removed or made safe.


2. Types of Premises Liability Cases

Premises liability cases can occur in many different situations, including slip and fall accidents, dog bites, swimming pool accidents, fires, and more. If you are injured on someone else's property, you may be able to file a premises liability claim against the property owner. It's important to consult a personal injury lawyer who is experienced in handling premises liability cases to ensure you get the compensation you deserve.


3. Proving Fault in Premises Liability Cases

To establish a premises liability case, the plaintiff must prove that the property owner's negligence caused their injuries. Negligence can be established by proving that the property owner knew or should have known about the dangerous condition on their property, failed to address it, and that failure directly led to the plaintiff's injuries.


4. Comparative Negligence in Texas

Texas follows a modified comparative negligence rule, which means that if the plaintiff shares some responsibility for their injuries, their damages will be reduced by the percentage of their fault. For example, if a person slips and falls due to a wet floor in a grocery store, but they were not paying attention to where they were going, it is possible that they may be found partially responsible for the accident.


5. Statute of Limitations

If you have been injured in a premises liability accident, it's important to take legal action as soon as possible. In Texas, the statute of limitations for personal injury cases is two years. This means that you have two years from the date of your injury to file a lawsuit against the responsible party. Failure to file your claim within this time frame may result in your case being dismissed.


Premises liability cases can be complex, but with the help of a knowledgeable personal injury lawyer, you can have a clear understanding of your legal rights and options. If you have been injured in an accident on someone else's property, contact a personal injury attorney as soon as possible to ensure that you get the compensation you deserve. Remember, the statute of limitations in Texas is two years, so act quickly to protect your rights.


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