What Are the Most Common Types of Premises Liability Claims?
Premises liability is an area of personal injury law that holds property owners and managers accountable when someone is injured on their property due to unsafe conditions. In Texas, people have a right to expect safe and well-maintained premises, whether visiting a grocery store, walking through a parking lot, or renting an apartment.
Understanding the most common types of premises liability claims can help victims know their rights and encourage property owners to take proper precautions. If you’ve suffered an injury on someone else’s property, knowing the nature of your claim is the first step in seeking compensation.
At Gardner Law Firm, our Texas-based personal injury attorneys have helped many clients recover after being injured on unsafe properties. Let’s take a closer look at the most frequent premises liability claims filed in Texas and what you should know about each.
What Is Premises Liability?
Premises liability law deals with injuries that occur due to hazardous or unsafe conditions on someone else's property. These claims arise when a property owner fails to maintain a reasonably safe environment or fails to warn of known dangers.
In Texas, the legal responsibility of the property owner depends on the status of the visitor, invitee, licensee, or trespasser, and the specific circumstances of the accident.
Most successful premises liability claims involve a demonstration that:
The property owner owed a duty of care to the injured person.
The owner breached that duty by failing to correct or warn of a hazardous condition.
The breach directly caused the injury.
The injury resulted in damages such as medical bills, lost wages, or pain and suffering.
With that foundation in mind, let’s explore the most common scenarios that give rise to these claims.
Slip and Fall Accidents
One of the most common types of premises liability claims in Texas is the slip and fall accident. These incidents often occur in public places like grocery stores, restaurants, or office buildings and can result in serious injuries.
Slip and fall accidents may occur due to:
Wet or slippery floors without proper signage can catch visitors off guard and often lead to serious slip and fall accidents.
Uneven flooring or sidewalks that have not been repaired create tripping hazards that property owners are responsible for addressing.
Loose rugs, torn carpeting, or broken tiles can easily cause someone to stumble, especially in high-traffic areas.
Poor lighting that makes hazards difficult to see increases the likelihood of accidents, particularly in hallways, stairwells, or parking lots.
These types of falls can cause broken bones, head injuries, back injuries, and more. Property owners are expected to regularly inspect their premises and promptly address any dangerous conditions. If they fail to do so and someone is injured, they may be held liable for the damages.
Trip and Fall Accidents
Similar to slip and falls, trip and fall accidents occur when an object or uneven surface causes someone to trip and fall. While these may seem minor, they can lead to significant injuries, especially for older adults.
Some common causes of trip and fall claims include: exposed electrical cords across walkways, cracked sidewalks or potholes in parking lots, raised thresholds or steps that lack warning signs and merchandise or clutter left in store aisles.
In these cases, the property owner or manager may be liable for failing to maintain walkways or remove obstacles that pose a foreseeable risk to visitors.
Inadequate Security
In some situations, a property owner can be held liable for injuries resulting from criminal acts if it’s found that they provided inadequate security. This is particularly relevant in locations where criminal activity is foreseeable, such as apartment complexes, hotels, and shopping centers.
Examples of inadequate security include:
Failure to install proper lighting in parking lots or stairwells.
Lack of security personnel in high-risk areas.
Broken locks or unsecured entrances in apartment buildings.
Lack of surveillance systems in places with a history of crime.
Victims of assault, robbery, or other violent crimes may be able to pursue a premises liability claim if the property owner failed to take reasonable precautions to prevent such incidents.
Dog Bites and Animal Attacks
In Texas, dog owners can be held responsible for attacks if they knew the dog was aggressive or failed to control the animal in a public or private setting. While Texas does not have a strict “one-bite rule,” courts will consider whether the owner acted negligently.
Some scenarios where dog bite claims arise include:
A property owner allowing a dangerous dog to roam freely.
Failure to post warning signs about a known aggressive animal.
Dogs escaping through a broken fence or open gate.
Dog bites can cause severe injuries, particularly to children, including lacerations, infections, and long-term emotional trauma. Victims may have grounds to file a premises liability claim against the property owner or animal handler.
Swimming Pool Accidents
Swimming pools can be enjoyable but also pose significant risks, especially when safety protocols are not followed. Texas law requires property owners to take extra precautions when a pool is on the premises, particularly when children may be nearby.
Swimming pool-related liability claims may arise due to: lack of fencing or self-latching gates around the pool area, absence of warning signs indicating pool depth or hazards, slippery pool decks or broken ladders, or lack of supervision or failure to comply with safety regulations.
These types of claims are especially serious because pool accidents often involve drowning or near-drowning injuries, which can lead to permanent brain damage or death.
Elevator and Escalator Accidents
Elevators and escalators are commonly used in commercial buildings, shopping centers, and hotels. However, when these systems are not properly maintained, they can cause serious harm.
Examples of dangerous conditions involving elevators or escalators include: sudden stops or jerky movements that cause falls, doors closing too quickly or not opening properly, mechanical malfunctions or entrapment or escalator steps that are broken or uneven.
Property owners have a duty to regularly perform inspections and maintenance. If an elevator or escalator is defective and leads to injury, the injured party may have a strong claim for compensation.
Toxic Exposure or Mold
Exposure to toxic substances on someone’s property can also form the basis of a premises liability claim. This is particularly common in rental properties or older commercial buildings where hazardous materials may be present.
Situations that may lead to these claims include:
Mold infestations in buildings can lead to serious respiratory issues, especially for individuals with allergies or asthma.
Asbestos exposure in older construction is a known health hazard that can cause long-term lung damage and even cancer.
The presence of lead paint in rental housing poses significant risks, particularly to young children who may suffer developmental harm.
Chemical spills in industrial areas can expose workers and nearby residents to toxic substances, resulting in both acute and chronic health problems.
Long-term exposure to toxic substances can cause chronic health problems. In these cases, property owners can be held liable if they failed to disclose known risks or failed to remedy the problem after being informed.
Falling Objects
Injuries from falling objects are another serious concern, especially in retail environments or construction zones. Customers or passersby may suffer head or neck injuries if proper storage practices or warning systems are not in place.
Scenarios that commonly lead to falling object claims include:
Injuries can occur when items fall off high shelves in stores due to poor stacking or lack of safety restraints.
Construction sites also pose risks, especially when tools or debris fall from scaffolding and strike people below.
Indoors, loose ceiling tiles or fixtures that collapse unexpectedly can cause serious harm to unsuspecting visitors.
These injuries can result in concussions, spinal injuries, or facial trauma. Business owners and contractors are responsible for making sure that materials are properly secured and that high-risk areas are clearly marked.
Stairway Accidents
Staircases, when poorly designed or maintained, can be dangerous. Stair-related injuries are common and often occur in apartment complexes, office buildings, or public venues.
Some causes of stairway accidents include:
Stairway accidents often occur due to loose or broken steps and handrails that create an unstable walking surface.
Poor visibility can also contribute to falls, especially when there is inadequate lighting around stairwells.
Slippery surfaces caused by spills or worn carpeting increase the risk of losing balance and falling.
Additionally, uneven risers or improper step height can disrupt a person’s stride and lead to serious injuries.
Injuries from stair falls often include sprains, fractures, and spinal damage. Property owners must conduct regular maintenance to prevent such injuries.
Fire and Electrical Hazards
Fires and electrical malfunctions can be devastating, often causing not just injury but also property damage or death. In many cases, these dangers stem from code violations or poor maintenance.
Examples of premises liability related to fire hazards include:
Blocked emergency exits in a commercial building can delay evacuation during a fire and lead to preventable injuries or fatalities.
Faulty wiring in rental housing is a common fire hazard that landlords are responsible for addressing promptly.
When property owners fail to install or maintain smoke detectors, they increase the risk of delayed response in an emergency.
Placing space heaters near flammable materials is a dangerous practice that can quickly lead to accidental fires.
In these cases, a property owner or landlord may be liable for injuries if they failed to follow fire safety regulations or failed to respond to known electrical hazards.
What Should You Do After a Premises Liability Injury?
If you or a loved one has been injured on someone else's property in Rockport or surrounding areas, it’s important to take action quickly. Your first step should be to seek medical attention, even if the injury seems minor at first. Documentation of your condition is crucial.
Here are some additional steps you should take:
Report the incident to the property owner or manager immediately.
Take photos or video of the hazardous condition, if possible.
Get the contact information of any witnesses.
Keep all medical records, receipts, and proof of missed work.
Contact a personal injury attorney with experience in premises liability law.
A qualified attorney can help evaluate your case, determine liability, and pursue compensation for your injuries.
Why Legal Representation Matters in Texas Premises Liability Claims
Texas law can be challenging when it comes to determining liability, especially in premises liability cases. The burden is on the injured person to prove negligence. Additionally, Texas follows a modified comparative fault rule—meaning your compensation may be reduced if you are found partially responsible for the incident.
Having an experienced personal injury lawyer on your side is essential. Your attorney will help gather evidence and negotiate with insurance companies on your behalf. Most importantly, they will advocate for your right to receive fair compensation for medical bills, lost wages, pain and suffering, and other damages.
Premises liability claims are more common than many people realize. From slip and fall accidents to dog bites and inadequate security, these incidents can result in life-altering injuries. Property owners in Rockport and throughout Texas have a legal duty to maintain safe conditions on their premises. When they fail in that duty, injured parties have the right to seek justice.
Contact Us Today
If you or someone you love has suffered an injury on someone else’s property, don’t wait to get help. Speak with a knowledgeable personal injury attorney who can explain your rights and guide you through the legal process. At Gardner Law Firm, we’re here to support victims of negligence in Rockport, Texas. Reach out today to schedule a free consultation and let us help you move forward.