1. What is Premises Liability?

• Definition and Scope: Premises liability refers to the legal principles that hold property owners and occupiers responsible for accidents and injuries that occur on their property. It covers a range of properties including commercial, residential, and public land.
• Types of Hazards: Discuss common hazards that can lead to injuries, such as slippery floors, uneven surfaces, poor lighting, and inadequate security.

2. The Duty of Care in Texas

• Understanding Duty of Care: The duty of care is the obligation of property owners to maintain a safe environment for visitors. This section should explain how this duty varies depending on the type of visitor: invitees, licensees, and trespassers.
  • Invitees: Individuals who are on the property for mutual benefit, such as customers in a store. They are owed the highest duty of care.
  • Licensees: Guests for social reasons, not for business purposes. They are owed a lesser duty of care.
  • Trespassers: Those who enter without permission. Generally, they are owed the least duty of care, except for certain exceptions, particularly involving children.

3. Conditions for Liability

• Reasonable Care: Detail what constitutes “reasonable care” and how the failure to meet this standard can lead to property owners being liable for injuries.
• Foreseeability: Discuss the concept of foreseeability and how it affects liability. If a property owner could have reasonably foreseen the hazard that caused the injury, they are more likely to be held liable.
• Negligence and Fault: Explain how proving negligence is crucial in a premises liability case. The injured party must typically show that the property owner knew or should have known about the hazard and failed to address it.

4. Common Types of Premises Liability Cases in Texas

• Slip and Fall Accidents: The most common type of premises liability claim. Discuss scenarios, common causes, and what victims need to prove in court.
• Inadequate Maintenance: Explore how failing to maintain property, such as broken handrails or potholes in parking lots, can lead to accidents.
• Negligent Security: Address cases where inadequate security led to assaults or other harm on the property.
• Swimming Pool Accidents: Discuss the particular dangers and owner responsibilities related to pools, especially concerning children.

5. Comparative Fault in Texas

• Shared Responsibility: Texas follows a “modified comparative fault” rule, meaning that if the injured party is partly at fault for their injury, their compensation may be reduced. Discuss how this rule applies in premises liability cases.

6. Steps to Take After an Injury on Someone Else’s Property

• Immediate Actions: Guide on what to do immediately after being injured, such as seeking medical attention and documenting the scene.
• Reporting the Injury: Advise on the importance of reporting the injury to the property owner or manager as soon as possible.
• Legal Consultation: Stress the importance of consulting with a personal injury lawyer experienced in premises liability cases to understand your rights and options.

7. Protecting Yourself as a Property Owner

• Regular Inspections and Maintenance: Tips for property owners to identify and address potential hazards promptly.
• Liability Insurance: Discuss the importance of having adequate liability insurance to protect against potential claims.
• Warning Signs and Barriers: Advice on using signs and barriers to warn visitors of potential hazards.