If you suffer an injury on someone else’s property and experience an injury because of negligence or unsafe conditions, it may be possible to hold the owner or manager of the property responsible for damages based on Texas premises liability law.
Cases related to premises liability in Texas are extremely difficult to pursue. One reason for this is that they are usually complex and require the plaintiff (victim) to prove several elements to ensure their case is successful.
However, we want you to understand your rights and what you have to prove in a Texas premises liability law. Because of this, we are here to help with your case through the entire process. You can also learn more about Texas premises liability from the handy guide we have created here.
Understanding the Types of Texas Premises Liability Cases
The term “premises liability” includes a few different situations. You should identify the type of case you will make since unique elements have to be proven in each situation. Keep in mind that our attorneys are here to help each step of the way.
Standard Premises Negligence
This is a claim that a dangerous circumstance or condition involving property resulted in your injury. For example, if you trip over an extension cord that is unsecured and pulled across a room, you can file a standard premises negligence case.
To prove liability in this type of situation, it’s required that you (with the help of our legal team) establish the following:
- There was a dangerous condition present on the property
- The dangerous condition was the cause of the injury
- The premises operator knew, created, or should have been aware of the condition
- The premises operator did not fix the condition prior to the injury happening
In negligent activity cases, it means that one of the employees of the defendant was the cause of an injury to the victim while they were working on the premises. One example would be an employee hitting someone else with a forklift. In this situation (and similar cases), it is considered grounds for filing a negligent activity case in Texas.
To prove liability in this case, you (with the help of your attorney) must prove the following:
- The employee was not acting as a prudent individual would under the same circumstances
- The behavior or actions caused the injuries to the plaintiff
In negligent undertaking cases, the property owner has assumed a duty or obligation where they would not typically have one. In the situation of premises liability law, this usually involves a landlord and tenant relationship.
An example of negligent undertaking would be if a tenant files a complaint regarding a maintenance issue, but the landlord does not fix the issue, and the problem causes an injury. This may be grounds for you to file a negligent undertaking claim.
To prove liability in this type of case, it is required that you prove the following:
- The operator of the premises had a duty to the victim (plaintiff)
- The victim was reliant on the operator to perform this duty
- The injury to the victim occurred because the operator of the property did not perform their duty
Negligent Activity vs. Premises Liability Cases
When it comes to Texas premises liability cases, an important distinction that you should understand is the difference between a standard premises liability case and a negligent activity case. The reason this is important is that you must prove more with standard liability cases.
One of the most important distinctions is that cases of negligent acts occur if there is a continuous activity that results in an injury to the victim. If the act isn’t ongoing when the injury occurs, it will be a standard premises liability situation.
An example would be if an employee had spilled something on the floor and didn’t clean it up before they walked away from it, and at some point, a customer slips and falls in the spill. This is a standard liability case because the negligent action was not considered ongoing when the injury occurred.
What Damages Can You Recover in a Texas Premises Liability Claim?
If you are injured on someone else’s property in Texas and your premises liability claim is successful, there are several types of damages you may be able to collect. These include:
Health Care and Medical Treatment Costs
You can recover compensation for all medical treatment and health care costs related to your accident. This includes:
- Emergency and non-emergency care services
- Estimated medical costs you will incur in the future
- Costs for prescription medications for treating your injuries
- Costs for physical therapy equipment and appointments
- Costs to stay at a rehabilitation facility or hospital
- Home health service costs
Based on your condition and the severity of your injury, you may be eligible for other types of damages in Texas not listed here, as well.
Lost Wages and the Loss of Future Earning Capacity
Some premises liability accidents may impact your ability to work and earn a living to support your family. Because of this, you can include the following in your claim:
- The number of wages you lost while you were recovering
- An estimation of the wages you are going to lose in the future due to lingering issues related to your injury
You may also be able to include lost promotional opportunities, tips, and employee benefits in your claim.
Pain and Suffering
Most parts of a premises liability case can be compensated. This means you may be able to receive damages based on what you went through and how it affected or changed your life.
Our Texas premises liability legal team can determine the value of your pain and suffering by looking at how the accident has impacted your life.
Contact Our Legal Team for Help with Your Texas Premises Liability Case
If you find yourself in a situation where you or someone in your family experienced an injury because of another party’s negligence, you should contact our legal team to help you seek compensation for the injuries you suffered. Our skilled premises liability attorneys can ensure you receive the compensation deserved for your injuries and losses. Contact us today for a free consultation!