What is premises liability in Texas ?

''Premises liability'' involves the relationship between owners or operators of a specific location and plaintiffs who suffer injuries while on those grounds. This branch of the law relates to whether or not a defendant has violated a duty of reasonable care. Reasonable care refers to defects and dangerous conditions on the property as well as injuries caused by employees or other similar agents on the property.

How is a premises liability claim filed?
Litigation begins with an attorney filing a claim in a District or Superior Court, conducting a formal discovery process and having an eventual trial unless a settlement is reached first. A judge or jury will listen to the case, depending on the facts of the case and jurisdiction of the various courts. Many cases may still conclude with a settlement regardless of whether or not the case goes to trial.

Meanwhile, an attorney will file insurance paperwork, so the injured person can receive necessary medical attention. In addition to medical care, attorneys track reimbursement for lost wages, prescriptions and other medical bills. Once care is stabilized, the attorney team will conduct an investigation and research pertinent laws and regulations.

How much time do I have to file a claim?

According to Texas state law, a person must file a claim no later than two years after the plaintiff has notice of harm . If an injury took longer than two years to manifest, an attorney may petition the courts to extend the amount of time required to file a claim.

What constitutes premises liability?

In order for any slip and fall victim to have a successful claim against a property owner or operator, the plaintiff must prove several circumstances. According to the Texas Supreme Court, premises liability requires the injured plaintiff to establish that the defendant had:

  • Knowledge or evidence of a certain condition on the premises which created an unreasonable risk of harm.
  • Failed to exercise reasonable care to reduce or eliminate the risk of harm;
  • Evidence that the failure to use reasonable care caused the plaintiff's harm.

What else should I know about premises liability?

Not all slip and fall victims have successful claims against property owners. To determine a valid claim, attorneys will determine the scope of a property owner's liability balanced by the victim's reason for being on the premises. Many times a claim will fail if the victim is at fault or in violation of the law or had reason to know that danger was present.