What are common claims for premise liability in Texas?

An unsafe space can cause a person harm and lead to life-altering injuries and lasting expenses. Premises liability claims hold property owners, managers, and lessees accountable.

Different types of incidents may qualify for compensation, and Texas residents should be aware of what situations may merit a claim.

Slips, Trips, and Falls

The National Floor Safety Institute collected data that shows that falls lead to over 8 million emergency room visits annually. Unfortunately, fractures from falls can require long-term treatment or even be fatal. As a result, slips and falls are the most common types of premises liability cases.

Such claims are usually valid when a property owner or whoever is in charge permits an unsafe condition. These include damaged floors, uneven ground, spills, or defective staircases. If a person is injured in one of these situations, the individual may have a premises liability claim.

Dog Bites and Other Pet Attacks

Texan pet owners are responsible for preventing their pets from harming others. Severe injuries can result from animal attacks or even when a pet is being playful. For example, a dog might jump on a bicycle rider and knock the person over, causing serious injuries.

Owners must ensure pets are under control and not posing a threat because a pet attack might not just cause physical damage. A person who suffers disfigurement or disability could endure psychological harm that merits compensation.

Accidents or Injuries in Swimming Pools

Pool and spa owners must properly maintain their facilities and forewarn visitors about any potential safety hazards. Texas requires owners to enclose pools with a fence that is at least 48 inches high, and the fence’s material should not be climbable.

Many of these cases involve children who gain unsupervised access to a pool and have an accident. If an owner leaves a gate open or fails to secure a pool and a mishap occurs, the person who suffered the swimming pool injury may have a premises liability claim.

Premises liability laws apply to nearly any location, including private and public property. However, a claimant only has a limited time to file, and gaining access to the location to gather evidence can be difficult. Therefore, swift and thorough action often benefits a claim.

When Can You File a Premises Liability Claim?

If you were injured on someone else’s property, you may have grounds for a premises liability claim. This applies even if you live on the property, such as in an apartment or rental home. In many cases, a landlord or property owner can be held financially responsible, especially if the injury resulted from negligence or unsafe conditions they failed to address.

How Courts Evaluate Negligent Security Claims

To prove negligence, you must establish four key elements:

• Duty of care: The property owner had a responsibility to provide reasonable security. This duty depends on whether you were a customer, guest, or trespasser.
• Breach of duty: The owner failed to meet that responsibility—for example, through poor lighting, broken locks, or lack of security personnel.
• Causation: The lack of security directly led to your injury, and the harm was reasonably foreseeable.
• Damages: You suffered actual losses, such as medical expenses, lost wages, or pain and suffering.

Foreseeability is critical. Courts ask whether the property owner should have anticipated the risk and taken action. To decide this, they may consider:

• The property’s location and type
• Prior criminal activity in the area
• How security compares to similar properties nearby.

If you’re injured due to negligent security, it’s important to gather evidence. Keep all medical records, take photos of the scene and your injuries, and save any communications with the property owner. In Texas, you usually have two years from the incident date to file a claim.

Contact a San Antonio Premises Liability Lawyer at Gamez Law

We serve all areas in San Antonio and throughout Texas.

Gamez Law Firm

2943 Mossrock, San Antonio, TX 78230

(210) 736-4040

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