Your Rights When You Have Been Injured on Residential or Commercial Property
You’re invited to a party or you go to the mall to get something. Unfortunately, while you’re there, you slip and fall, suffering a serious and debilitating injury that makes it difficult or impossible for you to work. Maybe you tripped on a broken step or cracked pavement. Maybe there was water or oil on the floor. Maybe some lights were out and you stumbled over an unseen object in the dark. What are the duties of property owners in Texas? What are your rights when you have suffered any type of injury or loss because of someone else’s poorly maintained property?
Understanding Premises Liability in Texas
The owner or person in control of commercial or residential property in Texas has a duty to maintain the premises in such a way as to minimize the risk of injury to anyone legally visiting the property. The owner of the property always has such a duty, and other persons, such as property managers, landlords and tenants, may also be obligated, if they had the ability and authority to manage and maintain the premises. The duties owed by a property owner/person in control vary somewhat, based on the status of the visitor/injured party.
The highest duty is owed to anyone considered under the law to be an “invitee.” An invitee (also sometimes referred to as a “business invitee,”) is someone who has been either invited or solicited to enter the property for the benefit of the owner/person in control. Common examples of invitees include customers entering a retail establishment, contractors working on a home or building, and delivery persons. The duty owed to an invitee is:
- To regularly monitor or inspect the property for potential hazards
- To either fix any such hazards, prevent access to those parts of the property where dangers exist, or provide reasonable notice regarding the hazards/dangers on the property
A licensee, on the other hand, is a person who enters onto the property of another for his or her own benefit. Social guests on residential or commercial property are commonly deemed to be licensees. The owner/person in control of property generally owes a lesser duty to a licensee:
- To fix any potentially unsafe conditions or
- To reasonably warn of dangers that are not immediately apparent
Note that there is no duty to a licensee to monitor or inspect the premises for potential hazards.
An owner/person in control generally owes no duty to a trespasser, defined as someone who enters the property without legal right or permission. The only caveat—an owner/person in control may not engage in behavior that intentionally causes harm to a trespasser.
Contact the Knowledgeable Premises Liability Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we offer more than 40 years of experience successfully handling personal injury claims for people who been injured on residential or commercial property across Texas and the United States. We know that the civil justice system can be confusing and intimidating and will take the time to carefully explain the process at every juncture. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
