About Premises Liability Law

Texas Premises Liability Attorney

In the United States, both property owners and occupiers of a property are responsible for other peoples' safety when they enter the premises. In Texas, premises liability is a type of negligence action brought on by an individual who claims that they were injured because of a condition of the property.

With a premises liability claim, the plaintiff was injured because of a condition of the premises or because of some activity that occurred on the premises earlier and not at the time of the injury. In a premises liability case, the landowner's duty to the visitor depends upon the visitor's status; in Texas a visitor is classified as an invitee, a licensee or a trespasser.

An invitee is a person who enters the premises with the owner's express or implied knowledge and for each person's mutual benefit; this would include employees and business patrons. A licensee is a person who enters the premises with the owner's express permission but only for their own convenience or in the course of conducting business for someone other than the owner; this would include off-duty employees. Lastly, a trespasser is someone who enters the premises without the lawful right or the consent of the owner, but for the trespasser's curiosity or for their own purposes.

In Texas, the highest duty of a landowner or occupier is owed to its employees and business patrons (the invitees). It is the duty of the landowner/occupier to inspect the property and to correct any dangerous condition or give adequate warning about a dangerous condition. However, with licensees, the landowner/occupier is required to make safe dangerous conditions or give adequate warnings of such conditions, and there is no duty of the landowner or occupier to inspect the premises for such dangerous conditions. As far as trespassers are concerned, the only duty owed is to not willfully injure the trespasser or with a wonton disregard for the person's safety.

Contact The J. Guerra Law Firm

Whether you were injured at a private residence or on commercial property, if you were an invitee or a licensee, you may be entitled to compensation for your injuries under a premises liability lawsuit or even an inadequate security claim. To find out about your rights to compensation, contact a Texas premises liability lawyer from The J. Guerra Law Firm today!