Posted in Premises Liability on April 29, 2024

Premises liability claims arise from accidents and injuries that occur on someone else’s property due to dangerous defects or conditions. Property owners in Texas have a legal responsibility to ensure the safety of their premises. The failure to do so could lead to many unsafe scenarios that result in injuries, deaths and related premises liability claims.

Slip, Trip and Fall Accidents

Every year, thousands of individuals are sent to emergency departments with serious injuries from slip and fall accidents. Falls are the second leading cause of unintentional injury death in the U.S., according to the National Safety Council. Slip and trip risks can exist on a property due to negligent maintenance or a lack of property inspections by the owner.

Examples of slip and fall hazards that can lead to premises liability claims include:

  • Wet, waxed or slippery floors
  • Spilled liquids
  • Food debris, such as at a grocery store
  • Uneven curbs or floor surfaces
  • Old or damaged floors
  • Broken staircases
  • Lifted or loose rugs and carpeting
  • Cluttered walkways and aisles
  • A lack of warning signs

If a slip and fall accident injures a property visitor and an investigation discovers that the owner of the property knew or reasonably should have known about the fall hazard but did nothing to remedy it, the owner can be held responsible with a premises liability claim.

Dog Attacks

 If a property owner keeps a dog or another animal on the premises, he or she has a responsibility to control and contain the animal to protect visitors from any potential injury threats. This responsibility also extends to landlords. Texas operates under a “one bite rule,” which only holds a pet owner liable for a dog attack if the owner knew or reasonably should have known about the dog’s vicious propensities (e.g., the dog had bitten someone previously) but failed to prevent a subsequent dog attack.

Lack of Adequate Security

Ensuring the reasonable safety of a property includes protecting guests, visitors and attendants from any foreseeable risk of criminal activity on the premises, including physical assault and robbery. If a property has a history of crime, is located in a dangerous neighborhood or there are other reasons why the property owner should have predicted a risk of criminal activity, this imposes a legal responsibility on the owner to provide adequate security. The failure to do so could give rise to a premises liability claim if a crime is committed on the property.

Swimming Pool Accidents

Drowning is one of the top causes of accidental death, especially among children. The Centers for Disease Control and Prevention reports over 4,000 fatal drowning events each year in the U.S. If a property owner in Texas has a swimming pool on the premises, he or she has a responsibility to obey state laws for enclosing the pool to prevent people from wandering or falling in (primarily children). Failing to fulfill this responsibility could lead to a premises liability claim if a devastating swimming pool accident occurs.

Injured in a Premises Liability Accident? We Can Help

If a property owner does not properly inspect and maintain a property, it can develop unsafe conditions that cause serious accidents and injuries. In Texas, an individual or entity can be held responsible for negligent property maintenance that results in harm to others. To find out whether you have grounds for a premises liability claim in San Antonio, contact Maloney & Campolo to request a free consultation. Our San Antonio premises liability lawyer can help navigate the claims process.