Who Is to Blame for Injuries on Another's Property in Texas?

When you step onto someone else's property, you expect to be safe and secure. Whether you're visiting a friend's home, shopping at a store, or simply walking through a parking lot, you trust that the property owner has taken the necessary precautions to keep their space hazard-free. Unfortunately, accidents can and do happen. Slip-and-fall accidents, falling objects, broken stairs, or other hazards can lead to serious injuries.

If you've been injured on another person's property, you're likely wondering who is at fault and whether you deserve compensation. Texas law surrounding premises liability can be complex, but it generally holds property owners accountable for maintaining a safe environment.

Understanding Premises Liability in Texas

Premises liability is an area of personal injury law that deals with injuries caused by unsafe or defective conditions on someone else's property. Under Texas law, property owners and occupiers have a duty to exercise reasonable care to protect visitors from dangerous conditions. This duty requires owners to identify potential hazards and either fix them promptly or warn visitors of the risk.

However, the extent of this responsibility can vary depending on the circumstances. Factors such as the status of the injured party (visitor, customer, or trespasser) and the specific actions of the property owner or tenant play a role in determining liability.

Types of Visitors on a Property

One key element in premises liability cases is the classification of the injured person. Texas law recognizes three types of visitors:

1. Invitees - Invitees are individuals who enter a property with the owner's knowledge for a mutual benefit, such as customers in a store or patrons at a restaurant. Property owners owe invitees the highest duty of care. They are required to regularly inspect and maintain the property and address dangers promptly.
2. Licensees - Licensees are individuals who have the owner's permission to enter the property but do so for their own benefit, like a social guest visiting a friend's home. Property owners are responsible for warning licensees about known dangers that may not be obvious.
3. Trespassers - Trespassers enter a property without permission. Generally, property owners have limited responsibility toward trespassers. However, exceptions exist, such as cases involving children or situations where property owners intentionally create hazards.

Identifying your classification is critical in determining the duty of care owed to you and whether the property owner may be held liable for your injury.

Who is Responsible for Your Injury?

Determining responsibility for an injury on another's property involves assessing whether the property owner acted with reasonable care toward visitors. To hold a property owner liable in Texas, you usually need to prove the following:

1. There Was a Hazardous Condition

A hazard includes anything that could cause harm, such as wet floors, loose handrails, poor lighting, or uneven surfaces.

2. The Property Owner Knew or Should Have Known About the Hazard

Liability often hinges on whether the owner had actual or constructive knowledge of the hazard. For example:

• Did they take reasonable steps to inspect and maintain the property?
• Were there prior complaints or incidents related to the hazard?
• Had the hazardous condition existed for a long enough period that the owner should have noticed?

3. The Hazard Wasn't Addressed or Properly Marked

If the owner knew about the issue but failed to fix it or warn visitors, they may be found negligent.

4. The Hazard Caused Your Injury

Finally, you need to establish that the hazardous condition directly resulted in your injury. Proper documentation, photographs, medical records, and eyewitness accounts can be crucial in proving this.

Additionally, Texas follows a modified comparative negligence rule. This means that if you're found partially at fault for the accident (e.g., ignoring warning signs or wearing inappropriate footwear), your compensation may be reduced. However, as long as you're not more than 50% responsible, you may still recover damages.

What If the Injury Occurred in a Business or Rental Property?

In some cases, more than one party may share responsibility for an unsafe property. For example:

• Tenants and Landlords - If you were injured on a rented property, like an apartment complex, liability may depend on whether the landlord retained control over the area where the injury occurred (e.g., common spaces versus a tenant’s private residence).
• Businesses and Employees - When injuries happen in commercial spaces, a business owner or their staff may be responsible. For instance, if a grocery store employee failed to clean up a spill promptly, the store might be liable.

An experienced attorney can help identify all responsible parties and assess how their actions contributed to your injury.

What Steps Should You Take After an Injury?

If you’ve been hurt on someone else’s property, taking the right steps promptly can strengthen your case for compensation:

1. Seek Medical Attention - Your health and safety come first. Visit a doctor immediately, even if your injury seems minor at first.
2. Report the Incident - Notify the property owner or manager as soon as possible. For businesses, request a written incident report.
3. Document the Scene - Take photos or videos of the hazard, gather witness contact details, and retain any evidence that supports your claim.
4. Consult an Attorney - Premises liability cases can be challenging to prove. A knowledgeable lawyer can evaluate your situation, gather critical evidence, and advocate for the compensation you deserve.

How San Antonio Premises Liability Attorneys Can Help

Being injured on another's property can be a stressful, overwhelming experience. Beyond physical pain, you may be dealing with medical bills, lost income, and emotional distress. Navigating the legal system while recovering from an injury often feels daunting.

At The Packard Law Firm, we understand your challenges in recovering from a wrongful injury. We’ve helped countless injury victims across Texas hold property owners accountable for their negligence. Whether your case involves a slip-and-fall, structural hazard, or negligent security, our experienced attorneys are here to fight for the justice and compensation you deserve.

If you or a loved one has been injured due to unsafe conditions on someone else's property, don’t wait to get the help you need.

Contact us today at (210) 972-8918 to schedule a free consultation and take the first step toward recovery.