Partner
When you visit someone else’s property—whether it’s a grocery store, apartment complex, or your favorite restaurant—you expect it to be reasonably safe. Unfortunately, that’s not always the case. From slippery floors to broken stairs and poor lighting, hazards on a property can lead to serious injuries. When this happens, premises liability law may provide a legal path to compensation.
Scott Scherr at The Payne Law Group helps clients in Bryan, College Station, and throughout Brazos County understand their rights under Texas premises liability law. Here’s what you need to know.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible when someone is injured due to unsafe or hazardous conditions on their property. These cases are part of personal injury law and are based on the idea that those who own or control a property must take reasonable care to keep it safe for visitors.
Common Types of Premises Liability Claims
Texas premises liability law can apply to a wide range of scenarios. Some of the most common include:
Slip and Fall Accidents
These are the most frequent type of premises liability claims. They occur when someone slips, trips, or falls due to:
- Wet or slick floors
- Uneven pavement or sidewalks
- Poor lighting
- Torn carpets
- Cluttered walkways
Negligent Security
If a person is assaulted, robbed, or otherwise harmed on a property due to inadequate security measures (like broken locks or lack of surveillance), the property owner may be liable.
Dog Bites
Under certain circumstances, a property owner may be responsible for injuries caused by a dog bite, especially if the dog had a history of aggression.
Swimming Pool Accidents
Private and public pool owners must adhere to strict safety regulations. If someone drowns or suffers injury due to a lack of fencing, warning signs, or supervision, a claim may be possible.
Falling Objects or Structural Failures
From ceiling collapses to improperly secured shelves, falling objects, or poor construction can cause serious harm.
Exposure to Toxic Substances
Mold, asbestos, or chemical exposure on a property can result in long-term health issues.
Who Can File a Premises Liability Claim?
Not everyone injured on a property has a valid claim. Texas law distinguishes between three types of visitors:
Invitees
These are people invited onto the property for the benefit of the property owner (e.g., customers in a store). Property owners owe them the highest duty of care and must regularly inspect the property for hazards.
Licensees
These are social guests or others who are legally on the property but not there for the owner’s benefit (e.g., a friend visiting your home). Owners must warn licensees of any known dangers.
Trespassers
People unlawfully on the property are owed the least protection. However, property owners may still be liable if they intentionally cause harm or if children are involved (especially under the “attractive nuisance” doctrine for things like pools or trampolines).
What Must Be Proven in a Premises Liability Case?
To win a premises liability case in Texas, the injured person must show:
- The property owner owed a duty of care to the injured person based on their visitor status.
- The property owner knew or should have known about the hazardous condition.
- The property owner failed to take reasonable steps to fix or warn about the condition.
- The dangerous condition caused the injury.
Gathering evidence like surveillance footage, incident reports, witness statements, and medical records is crucial to building a strong case.
What Compensation Is Available?
If you’ve been injured due to a property owner’s negligence, you may be entitled to compensation for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Physical impairment or disfigurement
- Mental anguish
Every case is unique, so the amount of compensation varies based on the severity of the injury, the clarity of liability, and the impact on your life.
How Long Do You Have to File a Premises Liability Claim?
In Texas, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. Missing this deadline can mean losing your right to recover compensation entirely.
Consult Attorney Scott Scherr After a Property-Related Injury
Premises liability cases can be complex, especially when dealing with large businesses, uncooperative landlords, or insurance companies who try to deny fault. If you or a loved one has been hurt on someone else’s property, consult attorney Scott Scherr at The Payne Law Group to protect your rights.
We serve clients in College Station, Bryan, and across Brazos County, and we know how to hold negligent property owners accountable. Let us investigate your case, deal with the insurance company, and fight for the full compensation you deserve.