Understanding Premises Liability in Texas – What Kind of Guest are You?

Basic Elements of a Premises Liability Claim in Texas

Premises Liability claims arise when a person is injured due to a defect or dangerous condition on another’s property. Claims for premises liability are generally brought against an owner of a premises, but can also be brought against anyone who controlled the premises at the time of the injury.  While most people have heard of “slip and fall” cases, premises liability covers any defect or dangerous condition that can cause injury. The personal injury attorneys at Morrow & Sheppard have worked with many injured parties covering a large variety of defects and dangerous conditions that have placed people in harm’s way.  

A premises liability claim requires the injured party to prove four elements:

1. The property owner/controller had actual or constructive knowledge of the condition causing an injury;
2. The condition posed an unreasonable risk of harm;
3. The property owner/controller failed to take reasonable care to reduce or eliminate the risk; and
4. The risk was the proximate cause of injuries to the [injured party]

In breaking down these elements in more detail, the first thing your lawyers must establish is the legal status on a premises. There are three legally recognized statuses that an injured person could fall under:

1. Invitee: an invitee is a person who enters the premises with the owner/controllers express or implied knowledge, for the mutual benefit of both parties. Typically, an invitee is on the property with the expectation of financial gain by the owner. Often, invitees are on properties where the public is generally invited. This could include:
   1. Customer/shopper in a store
   2. Diner at a restaurant
   3. Guest in a hotel
   4. Client in an office
2. Licensee: A licensee is a person who enters the premises with the owner/controller’s express or implied permission, but only for the licensee’s convenience or on business for someone other than the owner/controller. Licensees include:
   1. A person delivering food, packages, or another item to the property
   2. A person performing services like yard work, plumbing, or other service
   3. A friend who visits
   4. A party guest
3. Trespasser: A trespasser is a person who enters the premises without lawful right or the consent of the owner/controller, but merely for the trespasser’s own purposes or out of curiosity. This legal status is fairly self-explanatory.

The reason legal status is important to premises liability claims is that it defines the duty owed by the owner/controller to the injured party. The duty, of course, is a duty to exercise ordinary care in inspecting and making safe any dangerous conditions, and giving adequate warning of dangers to guests. The key differences in the owner/controller’s duty and the injured party’s legal status are as follows:

Invitee

• To invitees, an owner/controller owes a duty of ordinary care to inspect the premises, to fix or make safe any dangerous condition, or give an adequate warning about potentially unsafe conditions. The duty owed to invitees is higher than the duty owed to licensees and trespasser, because the property owner/controller has an expectation of financial gain by having an invitee on the premises.
  • As an invitee, if you are injured you must show that the owner/controller had actual knowledge of a danger on the premises, or that the owner/controller knew or should have known about the dangerous condition. Actual knowledge can be proved by showing the owner/controller knew the condition had caused an injury in the past, or that the condition was reported to them prior to your injury but was not resolved or fixed. Proving an owner/controller knew or should have known about a dangerous condition is often done by showing that the danger would have been recognized by a reasonable inspection, or that an owner/controller or their employees could have reasonably foreseen that an injury could occur if the condition was not fixed. Examples of dangerous conditions under these circumstances include:
    • Defective fixtures like staircases, doors, or safety railings/barriers
    • Wet or oily surfaces
    • Unsecured rugs, carpets, or broken flooring
    • Loose, hanging items
    • Exposed sharp edges hidden to the general eye
    • Tools or equipment lying around
  • As an invitee, if you are injured by a dangerous condition that you knew about or foresaw, you can still recover damages for your injuries. However, the owner/controller has the right to argue that the injury was partly your fault because you assumed the risk of injury by purposefully ignoring or disregarding the dangerous condition. If an owner/controller proves contributory negligence, they have the right to ask a jury for a reduction in your damages based on the percentage of fault you are responsible for. These circumstances often arise when an injured person acknowledges through actual or circumstantial evidence that they saw something wrong or dangerous, and continued forward ignoring the risk.

Licensee

• To licensees, an owner/controller does not owe a duty to inspect the premises, but does owe a duty of ordinary care to fix or make safe any dangerous conditions or give adequate warning of dangers to guests.
  • As a licensee, if you are injured you must show that the owner/controller had actual knowledge of the dangerous condition that caused your injury. Legally, it is not enough to show that the owner/controller knew or should have known about the condition.
  • As a licensee, if you are injured by a dangerous condition that you knew about or foresaw, you cannot recover damages for your injuries. This means that if an owner/controller can prove you assumed the risk (as discussed above), you may be barred from recovering damages for your injuries.

Tresspasser

• To trespassers, an owner/controller does not owe a duty of ordinary care to anticipate trespassers, to inspect the premises, or to keep a premises safe. This follows logically as owners/controllers of properties should not be expected to keep people safe on their property when the trespasser did not have permission to enter the property. The only duty an owner/controller owes to trespassers is the duty to refrain from injuring trespassers willfully, wantonly, or through gross negligence. Essentially, an owner/operator would have to purposefully or recklessly injure you in order for you to maintain a claim against them for premises liability. These types of claims are generally less successful than claims brought by invitees or licensees, but should still be evaluated if you are unreasonably hurt.

Examples of Strong Premises Liability Cases in Texas

Example of Strong Invitee Premises Liability Cases

Examples of strong premises liability cases in Texas for invitees would include;

Elevator Malfunction in a Commercial Building 

Scenario: A visitor in a high-rise office building in Austin steps into an elevator, which malfunctions and drops several floors abruptly, causing the person to sustain back and neck injuries.  Prior reports about the elevator’s malfunctioning had been ignored by building management for years.

Why it’s strong: The building owner or manager had actual knowledge of the malfunctioning elevator but failed to fix it or adequately warn visitors that the elevator could malfunction.  The malfunction posed a serious and unreasonable risk of harm to occupants due to the large drop.

Unsafe Flooring in a Restaurant 

Scenario: A customer at a restaurant in Dallas trips on a loose piece of carpeting near the entrance.  The restaurant’s staff had noticed the problem with the carpeting weeks earlier but never fixed it, even though it posed a clear tripping hazard.

Why it’s strong: The restaurant had constructive knowledge of the danger that the loose piece of carpeting posed and failed to make the premises safe or provide adequate warning, directly leading to the customer’s tripping injury.

Example of Strong Licensee Premises Liability Case

An example of a strong premises liability case in Texas for licensees would include;

Poorly Lit Parking Lot

Scenario: An Amazon delivery partner arrives at a commercial office building at night in Houston and trips over an uneven section of pavement in the parking lot due to inadequate lighting.  The property owner had received prior complaints about poor lighting and uneven surfaces in the parking lot but did not address the issues.

Why it’s strong: Here, this is a strong case because the property owner had actual knowledge of the hazardous condition (poor lighting and uneven pavement) and failed to take reasonable steps to fix it or warn the delivery person of the danger.  Therefore, even though the Amazon deliver partner was not there for the mutual benefit of the driver and the property owner, the owner would still be responsible for the injuries. 

Example of Strong Trespasser Premises Liability Case

An example of a strong premises liability case in Texas for a trespasser would include; 

Unsecured Pool in a Residential Complex 

Scenario: A residential property in Fort Worth has a swimming pool with no fence or locked gate, even though local ordinances require one.  A child from the neighborhood wanders onto the property, falls into the pool, and drowns.

Why it’s strong: Even though the child was a trespasser, the property owner could be held liable for failing to secure an attractive nuisance (the pool) under the doctrine of “attractive nuisance.” The property owner’s failure to follow safety regulations posed a significant risk of harm to children.

How Much is a Texas Premises Liability Case Worth?

Premises liability cases can range from a few thousands to millions of dollars, depending on the complexity and severity of the case and the injuries involved.  Generally, someone injured due to a premises defect can recover economic damages, such as medical bills, lost wages, and future medical expenses and also non-economic damages such as pain and suffering, disability, disfigurement, and loss of enjoyment of life. 

For example, our firm was able to obtain a multi-million dollar verdict when an apartment resident was killed by another apartment resident who was in a violent street gang.  In that case, our firm was able to obtain evidence that the apartment complex was aware that the gang member was routinely shooting automatic machine guns while on the premises and failed to start the evection process or obtain additional security.  Thus, allowing the gang member to remain on the property was an unsafe condition that the apartment complex had a duty to fix or adequately warn. 

The exact value of a premises liability case depends on several factors.  In many instances, verdicts and settlements have reached amounts in the millions of dollars.  Premises liability cases often involve significant physical injuries or even death leading to higher compensation for medical expenses, lost wages, and pain and suffering.  If you have been involved in a premises liability accident, it’s crucial to consult with experienced Texas premises liability attorneys who can asses the potential value of your case and fight for the maximum compensation. 

What Deadlines Apply in a Texas Premises Liability Cases?

The most common deadline in a Texas Premises Liability case is the two year statute of limitations period to file a lawsuit against the premises owner or controller.  This two year deadline is the primary deadline when a guest is injured at a privately owned or controlled property.  However, this two year statute of limitations does not always apply.  For example, if someone were to be injured by a defect on property owned by the government or municipality, then they would generally have at most six months to file the claim.  Further, this 6 month window can be shortened by local governments.  For example, the City of Houston has a 90 day notice requirement and the City of Austin has a 45 day notice requirement.  Failing to file a notice of claim within those deadlines could result in losing your right to pursue a claim. 

How Much Does it Cost to Hire a Texas Premises Liability Lawyer? 

Morrow & Sheppard LLP offers a free consultation to evaluate your premises liability case, discuss your legal options, and explain how our contingency fee arrangement works.  You only pay if we win your case. 

Reach out to us today to schedule your free consultation.