GET ANSWERS TO YOUR QUESTIONS!

1. What is Premises Liability?

Answer: Premises liability refers to the body of law, which holds a landowner and/or possessor of real property liable for injuries to others who suffer injury on their property. In Texas, a premises liability lawsuit often arises from the property owner’s or occupant’s failure to maintain the property in a safe condition or failure to correct a dangerous condition on their property, which they knew about or upon reasonable inspection, should have known about.

2. What are the most common types of premises liability?

Answer: Slip and fall and trip and fall accidents are the most common claims involving premises liability lawsuits. Common causes of slip and fall or trip and fall injuries are due to foreign substances on the floor. The foreign substance is either sticky or slippery. Other common causes are unmarked uneven surfaces, holes on the walking surface, or defects on a floor or stairway. Dangerous conditions on the property contributing to injuries may include unsafe design or unsafe construction of buildings, poor lighting or inadequate lighting.

3. What is a slip & fall accident?

Answer: Slip and fall describes the type of injury suffered on someone else’s property as a result of a defect, slippery substance or other dangerous condition. These injuries commonly occur at supermarkets and restaurants and are due to food on the floor. They can also occur when inadequate steps are taken to remove ice and snow from sidewalks, driveways, and parking lots.

4. Is the owner or the person injured responsible for a slip and fall accident?

Answer: The general rule of law is that the owner or operator of the premises has a duty to keep the premises in a reasonably safe condition or at least warn individuals of dangerous conditions of which the owner or possessor of the land either caused, knew about or should have known about.

5. Do I fill out an accident report at the time of the fall?

Answer: It is best that an incident report be completed at the time of the incident. The accident report should specify what happened, who witnessed both the accident as well as the condition that caused the fall, along with any other important information such as the lighting conditions. The requirement for report is generally a question of store or business policy rather than something that’s mandated by the law.

If a report is not completed at the business location or the fall occurred at a private location or was not observed by others, you should compile a record of what happened yourself, including as much information as possible describing the circumstances of the fall, who was present, and any comments made by anyone who saw or helped you after the fall. If it is possible, photos of the area should be taken as soon as possible.

6. Who will pay my medical expenses?

Answer: Most businesses have a general liability policy that contains a medical payments provision to cover at least some of your medical bills. Also, homeowner’s policies also carry medical payments provisions, which will pay for some of your medical expenses. If the limits of those policies are exhausted or they are not available for some reason, then a person can look to their own health insurance policies to cover any medical expenses.

7. What damages can I recover in a Texas premises liability case?

Answer: Compensations for slip and fall accidents are similar to all personal injury claims. Recovery may include the payment of medical bills, wage loss, pain and suffering, potential future medical expenses and potential future loss of earnings or earning capacity.

8. Is my landlord liable for injuries sustained on his property?

Answer: Generally, yes, but win a claim like this you must establish, among other things, that the landlord was in control of the area, that the landlord knew of the defect or dangerous condition on the property, and that the landlord’s failure to take reasonable care caused the injury.

9. How long do I have to bring a lawsuit for premises liability?

Answer: Texas has a two-year statute of limitations.

10. Do I need an attorney to bring premises liability case?

Answer: It is important to make sure that your injury is minor and completely healed before you attempt to settle any case. In cases involving more serious injuries, it is generally advisable to retain an attorney. The most obvious premises liability cases, the business or homeowner’s insurer will deny responsibility for your claim or significantly under-evaluate your damages and these cases usually have to be litigated.