Properties in Texas must be maintained for safety. The levels of safety vary as it depends on who the property owner or lessee is and who the injured party is. When defective conditions cause an accident and someone is injured, there's a good chance the injured party can recover compensation.
What Constitutes Defective Property Conditions in Texas?
Property owners must maintain their premises in a way that permits safe use and prevents defective or dangerous property conditions. If property owners fail to meet their duty of care to individuals on their property, they could face liability for accidents and damages from unsafe conditions.
Under the theory of premises liability, the cause of the accident and the classification of the individual on the property are typically the crucial factors. If a person is a visitor, such as a guest or customer, they are often afforded increased protections as compared to a trespasser, who is not permitted on the property.
Visitors generally enjoy the protection from defective conditions on a property that a property owner knows or should have known about. However, one potential complication in a premises liability case involves conditions that might be open and obvious to a reasonable person.
Examples of Defective Property Conditions in San Antonio
When an individual visits a public or private property in Texas, they can reasonably expect the property to be safe for use and free from defective property conditions. If a defective property condition exists on the premises, a property owner might be subject to liability for any accidents caused by the defect.
Some common examples of defective property conditions that might cause injuries include:
- Icy or slippery floors
- Cracked or chipped flooring
- Broken stairs
- Loose or damaged carpet
- Broken or missing railings
- Uneven sidewalks
- Poor lighting conditions
- Defective equipment
Generally, a premises liability claim could be filed for injuries from any number of defective property conditions. However, it is important to remember that the injured party must establish that the property owner knew or should have known about a defective property condition and did nothing to correct the condition.
Open and Obvious Defects and Comparative Negligence in San Antonio
Although a property owner owes a duty to make premises reasonably safe for use by individuals, said duty is not absolute. One of the commonly used defenses in a premises liability case is that the defective property condition that caused an injury was open and obvious.
An open and obvious defect is one that an average person would discover on the property with normal or casual inspection of the property. This generally means that the defect would have been easily discovered by a reasonable person in the same circumstances.
It is important to note that the open and obvious doctrine is not an all-or-nothing defense. This means the defense could be raised to limit an injured person's recovery in states that follow comparative negligence laws, which take into account a plaintiff's own negligence in awarding compensation.
Do You Need a Premise Liability Attorney in Texas?
If you were injured on the property of another, you might be eligible for compensation. You do not need an attorney to file a claim with the insurance company, but it is in your best interests.
First, insurance companies have adjusters whose first aim is to minimize or avoid responsibility and payouts. Adjusters are experienced, determined, persuasive, and manipulative. You can easily be sucked into their orbit and give information that to you may seem harmless but to them, they can use it against you.
Second, cases involving premises liability are very specialized, and a successful claim can fall on a small detail that a lawyer may can uncover far easier than you, if you file a claim on your own. Additionally, there are many laws and court rules that must be followed if a case proceeds through a court and to a trial.
