A serious injury on someone else’s property often leaves a family dealing with pain, stress, and sudden changes to daily life. When unsafe conditions lead to harm, a Richardson premises liability lawyer helps hold the property owner accountable under Texas law.
AMS Law Group represents people in Richardson, TX, who suffered injuries or lost a loved one because a property owner failed to fix or warn about dangerous conditions. Legal guidance early in the process helps protect evidence, meet deadlines, and present a clear claim.
Reach out to our firm for a free consultation to discuss what happened and what steps come next.
Key Takeaways: Premises Liability in Richardson, TX
- Property owner duties: Texas law requires property owners to maintain reasonably safe conditions for visitors and guests.
- Visitor status matters: Your rights depend on whether Texas law classifies you as an invitee, licensee, or trespasser.
- Time limits apply: Texas law generally allows two years from the injury date to file a premises liability claim.
- Negligence proof: A successful claim shows the owner knew or should have known about the hazard and failed to act.
- Types of losses: Claims often seek payment for medical bills, lost income, pain and suffering, and future care needs.
What Is Premises Liability in Texas?
Premises liability refers to legal responsibility for injuries that happen because a property owner failed to keep the space reasonably safe. Texas courts review whether the owner created the hazard, knew about it, or should have discovered it through routine care. The law then looks at whether that failure caused the injury.
Key terms often appear early in these cases. Plain language explanations help clarify what they mean:
- Duty of care: The legal responsibility to act with reasonable caution to prevent harm.
- Negligence: A failure to act with reasonable care that leads to injury.
- Causation: The link between the unsafe condition and the injury suffered.
- Damages: The losses connected to the injury, including medical costs and lost income.
Common Types of Premises Liability Cases
Premises claims arise in many settings across Richardson, TX. Incidents happen in grocery stores, apartment complexes, office buildings, and private homes. Claims often involve falls, poor lighting, broken stairs, exposed wiring, or unsafe walkways.
Texas Property Code and Relevant Statutes
The Texas Property Code and court decisions guide how premises cases proceed. These rules address landlord duties, tenant rights, and standards for property maintenance. Courts also rely on prior cases to decide how much responsibility rests with each party.
Who Can Be Held Liable for a Premises Injury?
Responsibility does not always stop with the person who owns the land. Texas law allows claims against several types of parties depending on control over the property.
Property Owners and Their Responsibilities
Owners must inspect their property and correct hazards within a reasonable time. For example, a cracked sidewalk near Heights Park creates a risk that calls for repair or a clear warning. Failure to act may lead to liability when someone gets hurt.
Business Owners and Commercial Entities
Stores, restaurants, and offices invite the public inside to conduct business. That invitation raises the duty to keep floors, entrances, and parking areas safe, and when spills, loose mats, or blocked exits cause harm, they often form the basis of a personal injury claim.
Landlords and Property Management Companies
Landlords and managers often control common areas, such as stairwells, hallways, and parking lots. Poor lighting or broken handrails at an apartment complex near Belt Line Road may place responsibility on the party in charge of maintenance rather than the tenant.
Government Entities and Sovereign Immunity Exceptions
Government agencies sometimes claim immunity from lawsuits. Texas law allows limited exceptions for dangerous conditions on public property. Claims against a city or county follow strict notice rules and shorter deadlines.
What Duties Do Property Owners Owe to Visitors?
Texas law classifies visitors into groups. Each group receives a different level of care based on why the person entered the property.
Invitees and the Highest Duty of Care
Invitees enter a property for the owner’s benefit, such as customers in a store or clients in an office. Owners must inspect the premises, fix known hazards, and warn about dangers they cannot fix right away.
Licensees and Reasonable Warning Requirements
Licensees include social guests. Owners must warn them about known dangers that the guest cannot easily see. A loose step at a private home near Canyon Creek Park requires a clear warning once the owner knows about it.
Trespassers and Limited Liability
Trespassers enter without permission. Owners generally owe a lower duty, though they still must avoid intentional harm and address hazards that pose extreme risks.
Common Causes of Premises Liability Accidents in Richardson
Unsafe conditions appear in many forms. Local surroundings often influence how these incidents occur.
Slip and Fall Accidents
Wet floors, uneven pavement, and cluttered aisles cause many injuries. Falls often happen in retail spaces along US 75, where foot traffic stays heavy throughout the day.
Inadequate Security and Criminal Acts
Property owners sometimes fail to provide reasonable security measures. Poor lighting, broken gates, or lack of monitoring at shopping centers like CityLine can contribute to assaults or robberies.
Swimming Pool Accidents
Pools attract families but also create serious risks. Missing fences, broken latches, or lack of supervision increase the chance of drowning or severe injury.
Dog Bites and Animal Attacks
Texas law holds dog owners responsible when they know an animal poses a danger. Bites often occur in residential neighborhoods where owners fail to restrain aggressive dogs.
Negligent Maintenance and Repairs
Delayed repairs often lead to injuries. Cracked stairs, leaking ceilings, or exposed wiring reflect maintenance problems that owners must address.
What Must Be Proven in a Texas Premises Liability Case?
Every claim requires proof of specific elements. Clear evidence supports each step of the case.
Establishing Legal Duty
The claim begins by showing the owner owed a duty of care based on your visitor status. Business records, leases, and witness statements often help establish that duty.
Demonstrating Breach of Duty
Next, the case shows how the owner failed to meet that duty. Photos, maintenance logs, and inspection reports often reveal ignored hazards.
Proving Causation
The evidence must connect the unsafe condition to the injury. Medical records, accident reports, and witness accounts often show how the incident occurred.
Documenting Damages
The final step involves showing the losses tied to the injury. Bills, wage records, and care plans help document medical costs, income loss, and future needs.
How Does Comparative Negligence Affect My Claim?
Texas law considers whether more than one party contributed to the injury.
Texas Modified Comparative Fault Rule
Courts assign percentages of responsibility to each party. Your share reduces the amount you may pursue from the other side.
The 51% Bar Rule
Texas law bars recovery when your responsibility reaches 51 percent or more. Staying below that threshold allows the claim to proceed.
How Your Actions May Impact Recovery
Defense teams often argue that a person ignored warnings or acted carelessly. Clear evidence and witness statements help counter those claims.
What Damages Can Be Recovered in a Premises Liability Lawsuit?
A premises liability claim focuses on the losses connected to an injury caused by unsafe property conditions. Texas law allows injured people to pursue several categories of damages, depending on how the injury affected health, work, and daily life, which often play a role in personal injury settlements. Each category addresses a different type of loss, and strong documentation helps support the claim.
Economic Damages
Economic damages cover financial losses that can be measured with records and receipts. These damages often form the foundation of a premises liability case because they show the direct costs tied to the injury.
Medical expenses usually make up the largest portion. These costs may include emergency care, hospital stays, surgery, medication, physical therapy, and follow up visits. Lost income also falls under economic damages.
When an injury keeps you from working, pay stubs and employer statements help show missed wages. Some injuries limit the ability to return to the same job, which may support a claim for reduced earning capacity. Travel costs for medical care and the expense of medical equipment may also apply.
Non-Economic Damages
Non-economic damages address losses that do not come with a receipt but still affect daily life. Texas law recognizes that injuries often cause lasting discomfort and emotional strain beyond medical bills.
Pain and suffering reflects the physical pain connected to the injury and ongoing symptoms. Mental anguish addresses anxiety, stress, and sleep problems that follow a serious incident. Loss of enjoyment of life applies when injuries limit hobbies, family activities, or independence.
These damages rely on medical notes, personal statements, and testimony from people who see how the injury affects everyday routines.
Future Related Costs
Some injuries require long term care. Future related costs focus on expenses expected after the case resolves. Doctors may outline the need for additional treatment, therapy, or assistive care. Economists sometimes project how those needs translate into future financial impact.
Clear medical opinions help show why these costs connect directly to the original injury.
Exemplary Damages in Limited Situations
Exemplary damages apply in rare cases involving gross negligence. Gross negligence means conduct that shows a serious lack of concern for safety. These damages aim to discourage similar behavior rather than cover personal losses. Courts apply strict standards before allowing this category.
Each premises liability case involves different facts. A careful review of medical records, work history, and daily limitations helps determine which damages apply and how they connect to the unsafe condition.
What Is the Statute of Limitations for Premises Liability Claims in Texas?
Texas law generally allows two years from the injury date to file a lawsuit. Missing that deadline often ends the claim.
Discovery Rule Exceptions
Sometimes, injuries or their causes remain hidden at first. Courts may apply the discovery rule when a person could not reasonably know about the harm right away.
Consequences of Missing the Deadline
Courts typically dismiss late claims. Evidence also becomes harder to gather as time passes.
How Our Firm Can Help
Legal support shapes the direction of a premises liability claim from day one. AMS Law Group focuses on careful preparation and clear communication.
Thorough Investigation and Evidence Collection
Our team gathers records, interviews witnesses, and reviews maintenance history. Early investigation helps preserve details before they fade.
Expert Witness Collaboration
Some cases benefit from outside professionals, such as engineers or medical providers. Their opinions help explain how a hazard caused the injury and what care the injury requires.
Negotiation with Insurance Companies
Insurance carriers often try to limit payouts or shift blame. Our attorneys present evidence and respond when adjusters downplay injuries or responsibility.
Trial Representation When Necessary
When insurers or at fault parties refuse to act reasonably, the case may move to court. Our firm prepares each case with litigation in mind from the start.
No Recovery, No Fee Commitment
Our firm works on a contingency fee basis. Clients do not pay attorney fees unless the case results in a financial recovery.
Frequently Asked Questions About Richardson Premises Liability Claims
What should I do immediately after being injured on someone else’s property?
Seek medical care first, even if injuries seem minor. Report the incident, document the scene, and keep records of treatment and expenses.
Can I file a premises liability claim if I was partially at fault for my injury?
Texas law allows claims when your responsibility stays below 51 percent. The final outcome depends on how fault gets divided.
How long does it take to resolve a premises liability case in Richardson?
Time frames vary based on injury severity, evidence, and insurance response. Some cases resolve through negotiation, while others proceed to court.
What if the property owner claims they didn’t know about the dangerous condition?
Texas law considers what the owner should have known through reasonable inspections. Maintenance records and witness testimony often address that issue.
Do I need to file a lawsuit, or can my case be settled out of court?
Many cases resolve through settlement discussions. A lawsuit becomes an option when the other side refuses to address responsibility fairly.
Contact Our Premises Liability Attorneys in Richardson Now
Premises liability claims depend on timely action and clear evidence. Delays give insurers and property owners more room to dispute facts or shift blame. AMS Law Group focuses on accountability, preparation, and steady advocacy for injured people in Richardson, TX.
Contact our team for a free consultation to discuss what happened and learn how our firm can help move your claim forward.