Whenever you are injured on someone else’s property and this injury was the result of negligence or unsafe conditions, then under premises liability law the owner may be held liable for any damages incurred. A premises liability case is one of the most difficult kinds of cases to pursue in the state of Texas since they frequently are quite complicated and require the plaintiff to prove numerous elements in order for the case to be successful. Below we have given a breakdown of premises liability law in the state of Texas, including the elements that you have to prove in order for a case to be successful. A knowledgeable Corpus Christi premises liability lawyer at the Law Office Of Jerry J. Trevino will be able to assist you to see if your case is strong for premises liability as well as help you determine what is the best action to take.
Kinds of Premises Liability Cases in the State of Texas
There are several different kinds of liabilities that are encompassed by premises liability cases. It is critical to identify what type of premises liability case you are going to make since different elements have to be proven for each type.
1. Standard Premises Negligence Case
Typically standard premises negligence cases involve the claim that there was a dangerous circumstance or condition that involved the property that caused the plaintiff to be injured. For instance, if there was an extension cord that was strung over a room that was tripped over that would be grounds for the standard premises negligence case. To prove liability in that kind of case, the following would need to be established by the plaintiff:
- There was a dangerous condition that existed on the property
- An injury was caused by the condition
- The premises owner operator knew, created, or should have been aware of the condition
- The premises operator failed to get the condition corrected before the injury took place
2. Negligent Activity
A case involving negligent activity involves a claim where it is alleged that the plaintiff was injured by an employee of the defendant while working on their premises. For instance, if an employee hit a person while driving a forklift that could be grounds for the negligent activity case. To prove liability in this type of cases, the following must be established by the plaintiff:
- The employee didn’t act the way a prudent individual would act under those same circumstances
- Their behavior results in the plaintiff being injured
3. Negligent Undertaking
In this type of case, there is a claim that the property owner assumes a duty or obligation where she or he otherwise would not have one. This most frequently involves a tenant/landlord relationship in premises liability law. For instance, when a tenant informs the landlord of a maintenance issue and the landlord fails to get the problem fixed, and it results in an injury, then that can be grounds for the negligent undertaking case. To prove liability in this type of case, the following must be established by the plaintiff:
- A duty was assumed by the premise operator to the plaintiff
- The premise operator was relied on by the plaintiff to perform this duty
- The premise operator failed to perform the duty and as a result, the plaintiff was injured
4. Negligent Activity Versus Premises Liability Cases
In premises liability law in the state of Texas, among the most critical distinctions that need to be drawn is the difference between a negligent activities case and standard premises liability case. That is important since more elements must be proven when it is a standard liability case compared to a negligent activities case. A negligent act occurs whenever there is an ongoing activity that causes a plaintiff to be injured. If it is not an ongoing act when the injury occurs, then the case will be considered to be a standard premises liability case instead. For instance, if something is spilled on the floor by an employee who then fails to clean it up, and then a customer is injured in a slip and fall accident, that could be considered to be a standard liability case, since the negligent acts weren’t ongoing when the injury occurred. If a loved one or you have suffered injuries due to another’s negligence, you should consider seeking compensation for the injuries. An experienced Corpus Christi premises liability lawyer will help fight your case to hold the party that is accountable for the actions they have taken.