What Duties Are Owed? To Whom Are They Owed?
You were out shopping and tripped on a broken step, some torn carpet or a crack in the sidewalk. You went to a party at someone else's house and slipped and fell because of food, oil, or some other substance on the floor.
Did the property owner have any legal obligation to maintain the property so as to minimize or prevent the likelihood of injury? To whom do they owe that duty?
Duties Tied to the Maintenance of Residential and Commercial Property in Texas
In Texas, as in all states, the owner of (or any person who exercises control over) property has a duty to monitor and maintain the premises in such a way as to minimize the risk of injury to anyone legally visiting the premises. The duty may be imposed on a wide range of parties, from the owner to a landlord or even a tenant. The full extent of the duty owed depends on what is commonly referred to as the "status" of the visitor, i.e., whether the injured person was an invitee, a licensee, or a trespasser.
What Is an Invitee, and What Is the Duty Owed?
An invitee is generally someone who comes onto property for the benefit of the property owner, or for the mutual benefit of both parties. Such a visitor typically enters with either implied or actual permission. Common examples of invitees include business customers, hotel guests, and contractors working on the premises.
The highest duty under the law is owned to an invitee. The owner or person in control must either fix any dangerous condition or provide invitees with reasonable warning of the risk. The danger may be one that the owner actually knows about, but it can also be one that they would have discovered by reasonably monitoring or inspecting the premises.
What Is a Licensee, and What Duties Are Owed?
A licensee is generally someone who is present on the premises with the knowledge and permission of the owner, but who is there for their own benefit. That may include a visiting neighbor, a party or social guest, or a traveling salesperson.
The owner must either warn a licensee of known dangers or take steps to remedy any known hazard. The owner will not be responsible, however, for any dangers of which they have no actual knowledge.
What Is a Trespasser and What Duties Are Owed?
A trespasser is anyone who enters property without the permission of the legal owner. The owner or person in control has no duty to warn about or fix any hazard, but they also may not engage in acts that might cause injury to the trespasser if those acts would be considered willful or wanton behavior or gross negligence.
There's an exception for what is referred to as an attractive nuisance. If the property owner has an object or condition on the land that is likely to attract a child, such as a pool, trampoline, or gravel pile, the owner may be liable if a child injures themself, even if the child entered the property without permission.
Contact the Proven Personal Injury Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have more than 40 years of experience helping personal injury victims across Texas get full and fair compensation for injuries caused by the negligence of others, including those hurt in slip and fall accidents. 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.