Premises Liability Claims

A premises liability action is a form of “negligence” based on a premises defect theory. The term “premises liability” refers to a set of rules that require property owners in Texas to take certain measures that ensure their property is safe from unreasonable dangerous conditions. Anyone, such as a business, that invites others to its premises has certain obligations to the public. There are many types of premises liability claims, including swimming pool accidents, dog bites, slip and falls, trip and falls, falling object incidents, amusement park accidents, and so on.

In Texas, someone may bring a premises liability claim if the individual suffers an injury on the real property of another due to a dangerous condition that the property owner knew or should have known about, and failed to warn about or correct. The physical premises can take many forms, such as a home, a business, or a parking lot. Whether it’s liquid or produce on the floor of a big box store, cracked sidewalks, or improperly managed inventory, the dangerous condition that causes an injury can take many forms as well.

In the case of a business, those are the individuals to whom the business hopes to sell its goods or services. The business must keep its premises reasonably safe from dangers. The business must inspect the premises for dangerous risks that may exist, and should maintain procedures to mitigate risks that may be found to exist by warning consumers or correcting the danger at issue.

To prevail on a premises liability claim in Texas, a claimant must establish the following three elements:

1. A legal duty owed by the premises owner or occupier to the claimant;
2. Breach of that legal duty; and
3. Damages caused by the breach of that legal duty

The specific duty owed by a premises owner or occupier to the claimant in a premises liability case depends on the classification at the time the injury occurred. Visitors are classified as: licensees, invitees, or trespassers. If you have been injured on the premises of a third party, you should (1) get help, (2) take photographs of the area where the injury occurred, (3) obtain contact information including phone and email from any witness, (4) seek medical assistance, and (5) document everything.

If you or a loved one sustained an injury or death on the premises of a third-party, call Collum Law Firm. Joshua Collum and our team have successfully handled many types of premises liability claims. We know how to investigate and prove these claims. Have confidence in attorneys that care – call Collum.