Injuries Caused by Negligence on Residential and Commercial Property
In Texas, as in every state, the owner or person in control of residential or commercial property has a legal duty to take reasonable steps to reduce the risk of injury to those lawfully on the premises. This legal responsibility is known as premises liability. The rules that govern premises liability have evolved over centuries, beginning with English common law and shaped by judicial decisions over time.
What Must an Injured Person Prove in a Texas Premises Liability Case?
To recover damages in a slip and fall or similar premises liability claim, an injured person (the plaintiff) generally must prove the following:
- Knowledge of the Hazard: The property owner or occupier (the defendant) either knew—or should have known—about a potentially dangerous condition on the property.
- Failure to Act Reasonably: The defendant failed to act as a reasonable person would in addressing or warning about the hazard.
- Causation: The hazardous condition directly caused injury to the plaintiff.
The standard of care owed—and the ability to recover—can vary depending on the injured person’s legal status while on the property.
How Visitor Status Affects Premises Liability in Texas
Texas law generally does not require property owners or occupiers to maintain safe conditions for individuals who are not legally on the property, such as trespassers. In those cases, the only obligation is to refrain from causing harm through willful, wanton, or grossly negligent conduct.
However, for those legally on the property, liability depends on whether the person is an invitee or a licensee:
Invitees
An invitee is someone who enters the property with the owner’s express or implied permission for a purpose that benefits both parties. This includes:
- Shoppers in retail stores
- Restaurant patrons
- Business clients
- Bar or nightclub guests
The owner or occupier owes invitees the highest duty of care. This includes:
- Regularly inspecting the premises for potential hazards
- Fixing any known dangers
- Providing clear warnings if a hazard cannot be immediately addressed
An invitee does not need to prove the owner had actual knowledge of the danger—only that they should have known through reasonable inspection.
Licensees
A licensee is someone who enters the property with the owner’s consent but for their own benefit or convenience, not for a mutual business purpose. Examples include:
- Social guests
- Landscapers or handymen
- Delivery drivers
The duty owed to a licensee is more limited. The owner or occupier must:
- Use ordinary care to correct or warn of known hazards
- Avoid gross negligence or intentional harm
Importantly, there is no duty to inspect the property for hidden dangers. A licensee must prove the owner actually knew about the hazard. If it’s shown that the licensee also knew about the danger beforehand, they may be barred from recovery.
Contact the Proven Personal Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we understand the devastating impact any type of personal injury can have on every part of your life, including all types of slip and fall related injuries. We'll aggressively protect your rights throughout the legal process, acting as your intermediary with insurance companies and as your voice in all meetings, hearings and legal proceedings.
Contact us by email or call us at 844-402-2992. You also can call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.