People who suffer injuries may be able to recover compensation for their injuries from the owner of the property on which the injury occurred. Some common types of premises liability cases include the following situations:
Slip and Fall: A store or restaurant fails to mop up or warn of a wet or dirty floor and a customer slips and falls as a result.
Inadequate Maintenance: A land owner fails to maintain the premises in such a way as to avoid injury to the public, such as when a falling tree branch injures a passerby or when an excavation is not properly protected.
Defective Conditions: A store owner fails to repair or warn of a dangerous condition on the premises, such as a broken gate or staircase.
Inadequate Security: A company fails to install sufficient lighting or warn patrons about dangerous criminal activity occurring on the premises.
Dangerous Activities: A landowner exposing invited or uninvited guests to unreasonable risks or dangers by conducting a particular activity on his or her land.
In order to bring a successful premises liability lawsuit in Texas, you must be able to prove each of the following six elements:
1. A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
2. The defendant knew, or should have known in the exercise of ordinary care, that the condition of their property posed an unreasonable risk of harm.
3. The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
4. The defendant was negligent in that they created the condition, knew about the condition and negligently failed to correct it or should have known about the condition.
5. The plaintiff was injured.
6. The condition of the defendant’s property caused the plaintiff’s injury.