Texas Premises Liability Law
Under Texas premises liability law, why you are on the property matters in determining whether you have the right to file a premise liability lawsuit. You may have been a trespasser, an invite, or a licensee.
You are a trespasser if you did not have permission to be on the property. You may have been asked to leave and refused to do so, or you may have ignored a sign that said: “Do Not Enter.” Whatever the case, the property owner owes you very little when you are on their property without consent.
You are an invitee if you enter the owner’s land with implicit or explicit consent for your and the owner’s mutual benefit. This encompasses situations when you are a customer, client, or employee of a business. Owners have the greatest duty of care to invitees. According to Texas court decisions, owners owe invitees the duty to make the property safe and warn against concealed, unreasonably dangerous conditions that the owner is, or reasonably should be, aware of, but the invitee is not aware of.
You are a licensee if you are on the property owner’s land with permission, but you are there for your own benefit. In most circumstances, salespeople, and social guests are considered licensees. Owners owe you the second highest duty of care. It is a greater duty than the one owed to trespassers, but it is less than what is owed to invitees. Property owners must make the property safe or warn licensee’s about unreasonable dangers that the owner actually knows about.
After an accident on someone else’s property that results in you being injured, we recommend calling us to speak with a premises liability lawyer. We will analyze the circumstances to determine if you can prove each element of a premises liability claim and therefore, obtain compensation for your injuries.