In Texas, property owners have a legal responsibility, or a duty of care, to keep their premises reasonably safe and protect visitors from foreseeable harm. This duty is a foundational concept in premises liability law and plays a critical role when someone suffers an injury on another person’s property. Understanding what duty of care Texas property owners owe can help injured individuals know their rights and when they may have grounds to seek compensation.
The specific duty a property owner owes depends mainly on the visitor’s legal status: whether they are an invitee, licensee, or trespasser. For example, property owners owe the highest care to invitees—people who enter the property for business purposes, like customers in a store. In these cases, the owner must regularly inspect the property, promptly repair dangerous conditions, and warn visitors about hazards that may not be immediately obvious.
The duty is less strict for licensees, such as social guests, who only require owners to warn about known dangers. Trespassers, meanwhile, generally receive the lowest level of protection, though Texas law prohibits property owners from intentionally causing harm.
This duty of care requires property owners to take reasonable steps to prevent accidents and injuries. They may be legally liable for any resulting injuries when they fail to meet this duty, such as neglecting to fix a broken step or clean up a spill. Knowing the scope of this duty is essential for anyone pursuing a premises liability claim in Texas.
What Is the Duty of Care in a Personal Injury Case?
In a personal injury case, the duty of care is the legal responsibility of one person or entity to act with the caution and attention that a reasonable person would under similar circumstances to prevent harm to others. This concept is foundational in negligence law, which governs most personal injury claims.
To succeed in a personal injury lawsuit, the injured party (plaintiff) must prove that the defendant owed them a duty of care, breached that duty, and caused damages. The exact nature of the duty depends on the relationship between the parties and the context of the incident.
For example:
- Drivers owe a duty of care to other road users to drive safely.
- Doctors owe patients a duty to provide competent medical care.
- Property owners owe visitors a duty to maintain safe conditions and warn of known hazards.
- Manufacturers owe consumers a duty to produce safe products.
If someone fails to meet their duty—running a red light, not attending to a dangerous spill, or producing a defective product—they may be negligent and financially liable for resulting injuries. Establishing this breach of duty is a key step in any personal injury claim.
How Does the Duty of Care Apply to Property Owners?
In premises liability cases, the duty of care refers to a property owner’s legal obligation to maintain safe conditions on their property and protect visitors from foreseeable harm. This duty is central to determining whether the owner or occupier can be liable for injuries caused by slip and fall accidents, falling objects, or other dangerous conditions.
The duty of care varies depending on the legal status of the person entering the property:
- Invitees (such as customers at a store) should receive the highest duty of care. Property owners must regularly inspect the premises, repair hazards promptly, and warn of known dangers.
- Licensees (such as social guests) should receive a slightly lesser duty. Owners must warn them of known, non-obvious hazards, but are not typically required to inspect for unknown ones.
- Trespassers generally receive the least duty, though owners cannot willfully harm them. They may have heightened responsibilities if the trespasser is a child, especially when the situation involves an “attractive nuisance” (like a pool or trampoline).
To hold a property owner liable in a premises liability case, the injured party must prove that the owner knew or should have known about the dangerous condition and failed to act reasonably to prevent injury. For example, if a grocery store employee knew about a spilled drink and did not clean it up within a reasonable time, and someone slipped as a result, that may be a breach of the duty of care.
Ultimately, applying the duty of care in premises liability depends on the foreseeability of harm, the steps someone took (or did not take) to prevent it, and the injured party’s behavior. In these cases, demonstrating that someone breached the duty of care is critical to winning compensation.
How Property Owners May Breach the Duty of Care
A property owner breaches the duty of care when they fail to take reasonable steps to ensure their premises are safe for lawful visitors. This breach often results from neglect, poor maintenance, or failure to address known hazards.
Here are several common examples:
- Failing to clean up spills: If liquid spills on a grocery store floor and employees fail to clean it up promptly or post warning signs, the store may be liable if a customer slips and falls.
- Neglecting repairs: Property owners who ignore obvious maintenance issues—such as broken handrails, cracked sidewalks, loose floorboards, or leaky ceilings—are responsible if someone suffers an injury due to those defects.
- Inadequate lighting: Poor lighting in stairwells, hallways, or parking lots can create trip hazards or conceal dangerous conditions. The owner may be negligent if someone falls because they cannot see an obstacle.
- Failure to remove snow or ice: In regions with cold climates, property owners often have a legal duty to remove snow and ice from walkways within a reasonable time. Slipping on untreated ice can lead to liability.
- Not warning of known hazards: If a property owner is aware of a danger, such as a loose step or exposed wiring, but fails to warn visitors, this omission may breach their duty of care.
- Failing to provide security: If the property owner knows, or has reason to know, that there are threats to your safety because of crime, they must provide adequate security to protect you.
Each situation illustrates a property owner’s failure to act as a reasonable person would under the same circumstances. The owner may be legally responsible in a premises liability claim when that failure leads to injury.
What to Do When a Property Owner Breaches the Duty of Care
When a property owner breaches their duty of care, and you suffer an injury, you can take legal action to seek compensation for your damages. The first step is to seek medical attention immediately to treat your injuries and establish a record of care, which will serve as essential evidence in your case.
Next, document the scene of the incident if you have the capacity. Take photographs of the hazardous condition that caused your injury, gather contact information for any witnesses, and preserve any physical evidence (such as damaged clothing or footwear). However, taking pictures of the accident scene may be challenging when you have suffered an injury, making it even more necessary for you to rely on a premises liability lawyer to investigate for you. File an incident report with the property owner or manager immediately. They may investigate the accident, and the results may be helpful to your personal injury case.
Then, consult a premises liability attorney. A lawyer can evaluate your case, determine whether the property owner breached their legal duty, and help you understand your rights and options. They can also handle communication with insurance companies and build a strong case on your behalf.
How to Win a Premises Liability Lawsuit
You can file a claim or lawsuit for your premises liability injury and file a claim against the owner’s insurance policy. You also have the legal option to file a lawsuit against the owner in court if you cannot settle the claim with the insurance company or your premises liability attorney advises you to act more formally.
Winning a premises liability case requires proving that the property owner or occupier was negligent in maintaining safe conditions and that this negligence caused your injury.
Here are key steps to improve your chances of success:
Establish Duty of Care and Breach
Show that the property owner owed you a duty of care—meaning they were responsible for keeping the premises safe for visitors. Depending on your status as an invitee, licensee, or trespasser, the level of duty varies. Then, prove the owner breached that duty by failing to fix hazards, warn of dangers, or maintain the property adequately.
Prove the Hazard Existed and Caused Your Injury
You must provide evidence that the dangerous condition existed during your accident. Photographs, videos, and witness testimony are essential. Also, medical records should link your injuries to the accident on the property. Your premises liability attorney can help you investigate, but you must hire them immediately after the accident, while the evidence is still available.
Demonstrate the Owner’s Knowledge or Constructive Knowledge
It is critical to show that the owner knew or should have known about the hazard. You can do this through maintenance logs, prior complaints, or evidence that the danger existed long enough for the owner to discover it.
Document Your Damages
Provide detailed records of medical bills, lost income, and your injury’s physical and emotional impact. Substantial evidence of damages can increase your potential compensation. Your premises liability attorney needs enough information to study your situation and devise a persuasive estimate of your damages.
Work with an Experienced Premises Liability Lawyer
A skilled attorney will gather evidence, build your case, and negotiate with insurers. If necessary, they will take your case to trial. You should contact a premises liability lawyer today to schedule a free initial consultation to discuss your case and learn more about your legal rights. You lose nothing by taking the time to speak to a lawyer, and you do not owe them any money unless they win your case.
A premises liability attorney typically works on a contingency basis, meaning you do not have to worry about upfront legal fees. Instead, your lawyer will only get paid if they successfully recover your compensation. This payment structure aligns the lawyer’s interests with yours, ensuring they will work diligently to secure a favorable outcome for your case.
By working on a contingency basis, your attorney will handle all the legal complexities and negotiations on your behalf. You can focus on your recovery and well-being without the added stress of legal proceedings.
How a Premises Liability Attorney Can Help You
When you hire a premises liability lawyer for your case, they can help you in several ways. They are here to stand up for your legal rights and work for you to receive compensation for your injuries to the fullest extent possible. It is challenging to take on insurance companies and win if you are trying to deal with them without the help of a premises liability attorney. Insurance companies are always part of your case and play to win. For them, winning means they have paid you less than your claim is worth. They may even try to get away with not paying you at all.
A Texas premises liability lawyer can do the following to help you:
- Investigate your case thoroughly: Your attorney will gather crucial evidence such as surveillance footage, maintenance records, witness statements, and medical reports to build a strong argument showing the property owner’s negligence.
- Advise on the value of your case: Your premises liability attorney will study your situation and tell you how much they believe you deserve in compensation for your injuries.
- Advise you on your rights and options: Your attorney will help you understand the compensation you may have the legal right to, including medical expenses, lost earnings, pain and suffering, and more.
- Handling all communication with insurance companies: Insurance companies often try to minimize payouts or deny claims. An experienced attorney can negotiate aggressively on your behalf to secure a fair settlement.
- Filing a lawsuit and representing you in court: Your premises liability attorney will present your case effectively to maximize your chances of winning.
A Premises Liability Attorney is Standing By
If you do not already have a premises liability lawyer working on your behalf, now is the time to contact one. They can provide guidance, support, and legal representation to protect your rights and ensure you receive the compensation you deserve.
