When you are injured on someone else’s property, you may wonder what your legal options are. A legal claim in this type of situation is based on premises liability.
Premises liability requires proving the property owner was negligent. There are several elements you must prove to successfully establish a case for premises liability in Texas.
Duty of care
First, you must determine who to sue. The owner or occupier of the property has a duty to keep the property safe. This is known as the duty of care.
An example of an occupier is a tenant who rents commercial space. If you are injured in a store, you must decide whether to bring your claim against the owner or the tenant, depending on who was responsible for keeping the property safe.
Breach of duty
Next, you must show that the owner or occupier failed in their legal duty to keep the property safe and free of dangerous conditions. This duty depends on the nature of your relationship with the property owner.
Generally, businesses have a higher duty of care to keep their properties safe than residents of private property.
Direct and proximate cause
You must prove that this failure of the duty of care caused your injuries. There are two types of causes: direct cause and proximate cause.
Proving the direct cause requires showing that your injuries would not have occurred but for the dangerous condition. Proximate cause requires showing that the dangerous condition was a substantial factor in your injuries.
Damages
Finally, you must prove your damages. You must do more than assert you were injured and request an amount of compensation. You must prove your numbers. For example, if you request $5,000 in compensation for medical expenses, you must produce documentation showing medical costs totaling $5,000.
There are some circumstances where property owners are not responsible when someone is injured on their property. If you were trespassing or if the property owner had posted warnings signs that you ignored, you may potentially be unable to recover compensation.
