The Basics of Premises Liability in Texas

On Behalf of | Jan 26, 2014 | Personal Injury

Slip and fall accidents can occur anywhere and cause very painful injuries. But if they occur on another person’s property, there is a way to recover medical expenses and other expenses from the injury like lost wages and replacement clothing. Filing a personal injury lawsuit against the property owner who was negligent in the care of their facility can provide these benefits. But in Texas there are certain laws that guide liability and compensation in these incidents.

One of the aspects that will be reviewed during your case is your legal status on the property. That status will determine what the premises owner can be expected to do to keep you safe. For example, if you have trespassed on the property without permission, the only care the owner must take is to avoid your willful or conscious harm. If you are invited on the other hand, the premises must be reasonably safe of any danger.

In regards to possible compensation, there are other elements that must be proven in order to assign liability to the owner.

  1. The first element is that the owner of the premises knew of the dangerous condition.
  2. The second is that they knew that the condition had the potential to cause an injury.
  3. The third is that the owner did not try to reduce or remove this dangerous condition.
  4. The last is that this lack of reasonable care was the direct cause of the injury.

Texas is a shared fault state. Both the premises owner and the injured party are assigned liability for any accident. Percentages of fault are given to each party by the court. The amount of compensation is reduced by the percentage of fault that is assigned. If you were awarded $10,000 and ten percent of the blame, the resulting compensation would only be $9,000.

There is a statute of limitations on filing the slip and fall lawsuits. The injured party only has two years from the day of their accident to file a personal injury suit. Make sure that if you plan on filing a personal injury claim, to do it quickly. Contact a skilled personal injury lawyer in New Braunfels today.