If Someone Was Injured On My Property, Am I Liable?

Understanding Premises Liability in Texas

If someone gets injured on your property, you might be wondering: Am I legally responsible for their injuries? The answer depends on several factors, including the visitor’s legal status, the cause of the accident, and whether negligence played a role. Under Texas premises liability law, property owners have a duty to maintain a safe environment, but the level of responsibility varies based on who was injured and how the incident occurred.

Legal Categories of Visitors in Texas

In Texas, premises liability laws classify visitors into three categories, and your legal obligations depend on their status:

1. Invitees

An invitee is someone who enters your property with your permission for a business or mutual benefit, such as a customer in a store. Property owners owe invitees the highest duty of care, meaning they must:

• Inspect and maintain the property to prevent hazards.
• Fix known dangers or warn invitees about them.
• Take reasonable steps to ensure the safety of visitors.

2. Licensees

A licensee is someone who enters your property for their own purpose but with permission, such as a social guest or friend. The owner must warn licensees about any known hazards but is not required to inspect for hidden dangers.

3. Trespassers

A trespasser is someone who enters your property without permission. Generally, property owners do not owe a duty of care to trespassers except in cases where:

• The trespasser is a child (e.g., attracted to an unsecured swimming pool).
• The owner intentionally sets traps or causes harm.

Common Premises Liability Cases

Property owners in Texas can face liability for various accidents, including:

• Slip and Fall Accidents: Caused by wet floors, loose rugs, or uneven sidewalks.
• Inadequate Security: When criminal activity occurs due to poor lighting or lack of security measures.
• Dog Bites and Animal Attacks: If a property owner knew their pet was dangerous and failed to prevent an attack.
• Structural Hazards: Such as broken stairs, faulty railings, or exposed electrical wiring.

Key Factors That Determine Liability

Whether or not you are liable for an injury on your property depends on:

• Your awareness of the hazard. Did you know about the dangerous condition?
• The injured person’s status. Were they an invitee, licensee, or trespasser?
• Whether you took reasonable steps to prevent the injury.
• The injured person’s role. Did they ignore warning signs or act carelessly?

Texas follows comparative fault rules, meaning if the injured person was partly responsible, their compensation may be reduced.

Defenses for Property Owners in Texas

If you are facing a premises liability claim, possible defenses include:

• Lack of negligence: The injury occurred despite proper maintenance and precautions.
• No knowledge of the hazard: You were unaware of the dangerous condition.
• The hazard was open and obvious: The injured person should have reasonably avoided it.
• The injured person was trespassing: In most cases, you are not liable for trespasser injuries.

Protecting Yourself as a Property Owner

To reduce your risk of liability, follow these best practices:

• Regularly inspect your property for potential hazards.
• Fix known dangers immediately or provide warnings.
• Maintain proper lighting and security measures for guests.
• Ensure adequate homeowner’s or business insurance coverage.

How The Dashner Law Firm Can Help You with Your Premises Liability Case

If you or a loved one has been injured due to unsafe conditions on someone else’s property, The Dashner Law Firm can help. As experienced premises liability attorneys, we represent victims of slip and falls, inadequate security, structural hazards, and other dangerous property conditions caused by negligent property owners. Our team understands Texas premises liability laws and statutes to ensure you receive the compensation you deserve.

The Dashner Law Firm is here to guide you through the legal process—contact a premises liability lawyer in Irving, TX today at 972-635-4460 for a free consultation.