Call For A Complimentary Consultation (713) 300-8304
Call For A Complimentary Consultation (713) 300-8304
McCarthy & Associates

What Exactly Is Premises Liability Under Texas Personal Injury Law?

In this article, you will discover:

  • Definition of premises liability
  • Common types of premises liability
  • Recourse if injured at commercial property
  • Damages if I am partially at fault
  • What happens if injured at a friend’s or family member’s home

Premise liability under Texas personal injury law is when an individual is injured on a property. The most common type of premise liability that people know is a slip-and-fall. However, premise liability can go as far as when you are at a store and something falls off a shelf, hitting you. With any type of injury that happens in a location where you are an invitee, the owner of that property would then be responsible for your injuries due to their negligence in maintaining the premises.

What Are The Common Types Of Premises Liability Claims That You See?

The most common type of premise liability claim is definitely slip and fall, and following very closely behind that would be premises not properly maintained so that individuals are injured from the actual construction of the premise. For example, light fixtures that are not properly attached might fall down and hit people, doors that are not secured or do not work properly can injure individuals due to their failure to be maintained properly and their operation is faulty.

Do I Have Any Recourse If I Was Injured In A Slip And Fall Or A Trip And Fall At A Commercial Establishment In Houston?

You can always file a claim, but the potentiality of your recourse depends on many factors. Some of the biggest ones in Texas are the notice requirement. The notice requirement in the state of Texas is simply that the company, the individual, the entity that is maintaining the commercial property that you are on when you are injured has to be on notice of the dangerous condition. That can be very tricky and an evolving set of laws in the state of Texas, constantly changing with new rulings. If someone is injured in a slip and fall or trip and fall or gets hurt on a commercial property, you must reach out to an attorney. An experienced attorney can evaluate the claim, properly advise you, and investigate what the property owner failed to do to avoid these injuries. For example, we hire investigators, engineers, OSHA experts to look at the safety, the conditions of the properties, and the properties themselves. They look for violations in ways that these commercial properties failed to uphold their responsibility of keeping an individual safe.

Does Texas Law Consider My Fault Or Partial Fault When Determining My Damages In A Slip And Fall Case?

Texas law does look at your fault when determining damages in a slip and fall case; just as any personal matter in the state of Texas which has the doctrine of comparative fault. If there is partial fault on your behalf, your compensation will be reduced by your partial fault.

If I Was Injured At My Friend Or Family Member’s Home And I Don’t Want To Sue Them, What Else Can I Do To Recover For My Injuries?

Nobody wants to sue their friend, family member, or neighbor. However, homeowners have homeowners’ insurance for this reason. You can simply open a claim with the homeowners’ insurance company. Lawsuits should be the last resort in cases like this.

For more information on Premises Liability Injury Claims In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 300-8304 today.

McCarthy & Associates

Call For A Complimentary Consultation
(713) 300-8304

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