A premises liability case is one that stems from an injury caused by an unreasonably dangerous condition. While a typical premises liability case might include a wet floor or a poorly-maintained guardrail, premises-liability claims may also involve dangerous stairwells, defective sidewalks, escalators or elevators, poorly-maintained stairs, and worn and weathered handrails. Premises-liability cases may also encompass unreasonably dangerous conditions at construction job sites. Premises liability may also arise from inadequate or absent security at a bar, night club or apartment complex. Inadequate or absent security may cause criminal conduct that results in a theft, shooting, or sexual assault.
In Texas, an owner or occupier of land has a duty to keep the premises under his or her control in a safe condition. This duty may subject the owner to liability for negligence under two situations: (1) those arising from a premises defect (a premises-liability case); and (2) those arising from an on-going activity on the property or some dangerous instrumentality. To recover under in a premises-liability case, the plaintiff must have been injured by a condition on the property. Recovery on a negligent activity theory requires that the person have been injured by or as a contemporaneous result of the activity itself rather than a condition created by the activity. If an injury was caused by a condition created by an activity rather than the activity itself, a plaintiff is limited to a premises liability theory of recovery.
The duty owed by a landowner or occupier will depend on whether the plaintiff was an invitee, a licensee or a trespasser on the property. A legal analysis will help you determine what, if any, duty is owed by the premises owner (or the person or entity in control of the property) in any given context.
If you or a loved one has been injured, or someone close to you has been killed, due to a dangerous condition or dangerous activity on property, we are the law firm that protects your rights — the most trusted name in Texas personal injury law for more than 40 years.
We are Branton | Hall | Rodriguez | Cruz, P.C.
Our skilled attorneys bring decades of experience and team approach to your side when recovery of your health — and your finances — are at risk after a serious injury.
We will listen carefully to the account of your injury and ascertain whether Texas law permits a recovery in your case. We investigate your claim, confront insurers with the facts of your case and will advance your goals in the courtroom if needed.
To speak with a Branton | Hall | Rodriguez | Cruz, P.C., lawyer about your legal issues, contact us to arrange your free initial consultation. Our quality services are also free unless we win your case, thanks to the firm's longstanding contingency fee policy. Call today and tell us if we need to visit you at your home or hospital room: 210-265-6840. We welcome your email message. Hablamos español.