Premises liability cases involve an individual being injured on someone else’s property due to dangerous conditions that the property owner or property manager did not address promptly. Most premises liability claims involve accidents that occur on public property, such as grocery stores and other retail establishments, but they can also arise on private property or on government land.

Depending on the circumstances of the accident, various parties may be held liable under Texas law, allowing injured victims to recover compensation for their costly medical bills and other losses.

If you have been injured on another person’s property or the property of a government entity, you need the legal experience of a knowledgeable attorney to help you file a premises liability action against the responsible parties.

Premises liability cases can be complicated and challenging to prove, particularly when property owners and management staff attempt to argue comparative negligence and shift the blame onto the injured person’s shoulders. 

Our legal team has extensive experience representing clients in various personal injury cases, including many types of premises liability claims. As your legal representatives, our attorneys will explore all options to help you get the full compensation you deserve for your injuries and non-financial losses. To learn more about how we can be of assistance to you during this difficult time, please schedule your free initial consultation with our McAllen premises liability lawyers today.

What Falls Under Texas Premises Liability Laws? 

Premises liability laws, which fall under Texas’s personal injury laws, determine when negligent property owners can be held liable for severe injuries that occur on their premises. A property owner has the legal duty to provide safe premises to lawful visitors and licensees.

If the property owner is aware of a hazardous condition and fails to take adequate steps to warn others of the dangers or attempt to rectify the hazards in a timely manner, they may be held liable for any injuries suffered as a result of those unsafe conditions.

It’s important to note, however, that property owners are not automatically held liable for every incident that may occur on their premises. For instance, property owners are not necessarily accountable for any injuries sustained by trespassers, such as home invaders or criminals who attempt to rob a private residence.
Customers and other lawful visitors who are injured due to dangerous conditions that should have been addressed may be able to file a premises liability lawsuit in pursuit of a fair settlement.

Those hoping to hold property owners and managers liable for damages must be able to prove that they were negligent.

Typically, this is accomplished by establishing that the hazardous conditions directly led to the victim’s injuries, showing that the property owners knew of the dangers but did nothing to fix them or alert visitors of the risks, or otherwise showing that the property owners reasonably should have been aware of the hazards as any responsible property owner would have.

Texas premises liability laws categorize visitors into three distinct groups. Invitees are individuals with the express or implied invitation to enter the property for either personal or business purposes.

Property owners owe invitees the highest duty of care. Licensees are individuals who have permission to be on the property but are not necessarily specifically invited to do so.

Property owners must warn licensees of potential hazards on their property, but they may not necessarily be held responsible for unknown hazards. Trespassers are individuals who have no lawful right to be on the property, whether for business or personal reasons.

Property owners are typically not held liable for injuries sustained by trespassers due to unsafe conditions on their property.

Where Do Premises Liability Accidents Commonly Occur? 

Premises liability accidents can occur just about anywhere, but there are specific locations that see a higher likelihood of such accidents transpiring.

Some of the most common locations for premises liability accidents include the following:

• Swimming pools, including private or public swimming pools
• Grocery stores and supermarkets 
• Amusement parks and resorts
• Retail shopping centers
• Parking lots and garages
• Stairs, escalators, and elevators
• Public parks
• Apartment buildings and hotels
• Hospitals
• Restaurants
• Private residences
• And more

At our McAllen law office, we accept cases of all types related to premises liability claims. To learn more about the benefits of retaining our professional legal counsel, please schedule your free case evaluation with our experienced attorneys today.

What Are Examples of Common Premises Liability Claims?

Some of the most common scenarios of property owners failing to maintain safe premises for lawful visitors include the following:

Slip and Fall Accidents

Slip or trip and fall accidents are perhaps the most common example of premises liability cases in Texas and around the country. If, for example, a wet or slippery floor causes an injury to befall an invitee or licensee, the injured person may be able to pursue compensation for medical bills and other out-of-pocket expenses.

If a property owner is unable to address the hazardous condition immediately, they should at least post a warning sign about the dangers to prevent lawful visitors from accidentally injuring themselves on their property.

Slip and fall accidents often result in a variety of injuries, including back injuries, broken bones, concussions, and chronic pain. These injuries can have long-lasting effects on a victim’s quality of life, sometimes necessitating ongoing medical treatment and rehabilitation.

Because these accidents are so common, experienced personal injury attorneys are well-versed in handling such claims and can help victims seek compensation for their medical expenses, lost wages, and emotional distress.

Dog Bites and Animal Attacks

If dog owners are aware that their pets are dangerous and prone to aggression, they may be held strictly liable for injuries sustained by other parties due to dog bites. Texas follows a one-bite rule, and dog owners whose negligence facilitates an animal attack.

If you or a loved one has been injured in a mauling by another person’s animal, contact our law firm to discuss your legal rights and seek justice and financial recovery.

Elevator and Escalator Accidents

Stairways, elevators, and escalators are necessary for navigating our environments, but these are all locations where accidents commonly occur.

For example, if a property owner is aware that their escalator, elevator, or stairs pose a threat to visitors due to disrepair or other hazardous conditions, they must address these conditions promptly; otherwise, they will face the consequences.

Injuries from these types of accidents can be severe, including broken bones, head injuries, and other common injuries that may require extensive medical care. Experienced personal injury lawyers understand the complexities of such cases and often work with accident reconstruction experts to establish liability and build a strong personal injury lawsuit.

Negligent Security Incidents

Property owners can be held negligent for assaults and other violent incidents that were the result of negligent security on their premises. If the property owner knew of a threat of crime in their area and did not employ adequate security for lawful visitors, they may be held accountable for this oversight.

Negligent security cases often involve claims where the injured party was harmed due to dangerous property conditions or the failure of the property owner to provide a safe environment. These cases can be complex and require experienced legal representation to navigate successfully. Injury attorneys can help victims seek compensation for both physical injuries and emotional distress resulting from such incidents.

Other Common Premises Cases

Other premises cases may involve injuries caused by defective or poorly maintained equipment, such as malfunctioning escalators or elevators, or accidents in parking lots caused by inadequate lighting or unsafe conditions. Property owners have a duty to ensure that their premises are free from dangerous property conditions that could harm visitors. Failure to do so can result in a personal injury claim.

Importance of Experienced Legal Representation

Premises liability cases often involve detailed investigations and require thorough documentation, including medical documentation and evidence of the accident occurred due to someone else’s negligence. Injury attorneys with experience in premises cases and personal injury lawsuits are essential to help victims seek compensation and hold the at fault party accountable.

If you or a loved one has been injured due to dangerous property conditions in McAllen TX or surrounding areas in Hidalgo County, do not hesitate to seek the assistance of an experienced personal injury lawyer. Early consultation with a McAllen premises liability lawyer can help preserve evidence and improve the chances of a successful claim.

What Kinds of Injuries Are Commonly Suffered in Premises Liability Cases? 

The injuries that victims may sustain in a premises liability case can vary significantly based on the type of accident they have endured. For example, those who have survived a swimming pool accident may have experienced near-drowning, electrocution, or oxygen deprivation. In contrast, someone involved in a slip and fall accident may have suffered severe back and neck injuries.

Common premises liability injuries include the following:

• Broken bones and fractures
• Concussions and other serious traumatic brain injuries
• Spinal cord injuries, which could potentially result in complete or partial paralysis
• Internal bleeding and organ damage
• Severe burns and disfigurement
• Nerve damage
• Soft-tissue injuries
• Lacerations and bruising
• Dental injuries
• Vision or hearing loss
• Drowning
• Toxic chemical exposure, which can result in severe illness
• Loss of limbs
• Post-traumatic stress disorder
• Electrocution
• And more

If you’ve been injured on someone else’s property, you must seek medical attention immediately. Not only will your medical records prove to be valuable evidence to our attorneys, but some injuries may worsen with time, and you need to take every step you can to safeguard your well-being.

Additionally, the property owner’s insurance company may see a failure to seek medical treatment as evidence that your injuries were not severe enough to be deserving of the maximum compensation for your case.

What Financial Compensation Can Be Recovered with a Successful Premises Liability Lawsuit?

By utilizing various pieces of evidence, our Texas premises liability attorneys will work tirelessly to ensure that you get the total compensation that your case is worth. Examples of evidence that could be used to strengthen your claim include the testimonies of accident reconstruction specialists, past and present medical records, accident reports, witness statements, and more.

With a successful lawsuit, you stand to recover both economic and non-economic damages to help compensate you for your injuries and other losses. In extreme cases of neglect, a judge may also award punitive damages.

Examples of potential financial compensation in your case could include the following:

• Past, present, and future medical expenses, including compensation for rehabilitation costs, necessary surgical procedures, and prescription meds
• Mental health therapy out-of-pocket costs
• Lost wages and lost income-earning capacity
• Property damage
• In fatal accidents, surviving family members may be able to seek wrongful death damages, which can include lost benefits, loss of inheritance, lost companionship or consortium, and compensation for funeral, burial, and memorial expenses

Schedule Your Free Consultation with Our McAllen Premises Liability Lawyers Today

Premises liability cases can be incredibly complex, especially when it comes to proving negligence on the part of the property owners. If you are seeking a fair settlement for your injuries, we must recommend retaining the services of an experienced McAllen premises liability lawyer.

Our law firm proudly serves injured individuals seeking fair compensation through the legal process of premises liability claims in the Rio Grande Valley. As your personal injury attorneys, we will treat you with compassion while arguing your premises cases with fierce dedication and an aggression that matches the importance of your personal injury case.

To discuss your legal matters in more detail, please get in touch with our law firm to schedule a free consultation with our experienced team of attorneys and other professionals. In addition to offering free case reviews, we also operate on a contingency fee basis, meaning that you do not pay us any attorney fees unless and until we secure a settlement in your personal injury case.

Request a free consultation by calling us today at (956) 201-7787.