The world is full of dangers and hazards that can lead to severe injuries or death. Some of them are unavoidable. Other dangerous conditions, however, are the direct result of property owners who fail to maintain their premises in a reasonably safe condition or disregard hazards that they knew or should have known about yet didn’t fix.
Not every accident or injury that happens on someone else’s property can be the basis of a lawsuit for compensation. But Texas law imposes specific duties on landowners and those responsible for the upkeep and maintenance of property that can make them liable for many injury-causing incidents on their property.
That law is based on the legal principle called “premises liability.” In Texas, premises liability law is complicated, and proving liability in these cases involves a great deal more than just showing that a plaintiff was hurt while on the defendant’s property. A hazard that may be the basis of liability under one set of circumstances may not support a claim in other cases.
In premises liability cases, more than just the property owner’s conduct is at issue; the injury victim’s identity and the circumstances around how and why he or she was on the premises when injured will play a significant role in determining whether an injury victim will receive compensation for his or her losses.