Injuries On Someone Else\u2019 Property Are Covered Under the Laws of Negligence<\/h3>\n\n\n\n
There are two areas of Texas state law covering such injuries and both are related to negligence<\/em>. Negligence is the legal term for carelessness.<\/p>\n\n\n\n When a person or company is not careful enough, the law requires the person or company to pay for the damages that carelessness caused.<\/p>\n\n\n\n For example, if a building manager ignored signs that an elevator was not working correctly (noises, abrupt stops), anyone injured in that elevator might be able to recover from the building owner.<\/p>\n<\/div>\n\n\n\n There are two types of negligence law that apply when someone is injured on or by another\u2019s property. It\u2019s important to know the difference as each area has different elements that you have to prove in order to win your case.<\/p>\n\n\n\n To receive compensation in a regular negligence case, there has to be an ongoing, negligent act by the defendant.<\/p>\n\n\n\n For example: You\u2019re putting a new roof on your home and a case of shingles slides off the roof and hits someone, causing them to be hurt.<\/p>\n\n\n\n Your ongoing careless act (not securing the shingle case) might be negligence. Under Texas law<\/a>, you might have to pay damages to the person who was hit.<\/p>\n\n\n\n In the case of Wal-Mart Stores, Inc. v. Garza<\/a>, a customer was injured by a heavy box that fell while an employee was placing it on the shelf. Stocking a retail store is an ongoing activity and this was a regular negligence case.<\/p>\n\n\n\n NOTE: The easiest way for a landowner to deal with a dangerous condition is often simply to include a warning so that everyone can avoid the danger.<\/strong><\/p>\n\n\n\n To prove a premises liability negligence case, the person\u2019s injury must be caused by a \u201ccondition on the land.\u201d <\/p>\n\n\n\n For example, a store owner who mops the floor may not have done anything careless. But leaving it slippery is a dangerous condition on the land.<\/p>\n\n\n\n Customers who are injured while walking on it might be able to sue for negligence under a premises liability theory<\/em>.<\/p>\n\n\n\n The easiest way for a landowner to deal with a dangerous condition is often simply to include a warning so that everyone can avoid the danger<\/em>.<\/p>\n<\/div>\n<\/div>\n\n\n\n Someone who comes onto the land with the owner\u2019s knowledge and benefit is called an invitee<\/em>. For example, customers shopping at a store or dining at a restaurant are invitees.<\/p>\n\n\n\n Under Texas statutory and case law:<\/p>\n\n\n\n There are two exceptions to the general Duty to Warn in Premises Liability lawsuits under Texas law<\/a>. Under these exceptions, the Landlord still has a duty to warn of danger and reduce the risk of injury, even when the invitee actually knew about the dangerous condition.<\/em><\/p>\n\n\n\n Under the necessary-use exception<\/em>:<\/p>\n\n\n\n For example, in the case of Parker v. Highland Park, Inc.<\/em>, a person had to use the stairs to exit an apartment. The stairs were dark because the lights were on a timer that had not been set properly.<\/p>\n\n\n\n The landowner should have known someone might use the stairs to exit the apartment. The person leaving knew<\/em> it was dangerous to walk down the darkened stairs. But there was no other exit.<\/p>\n\n\n\n So the landowner\u2019s carelessness in setting the timer was negligence.<\/p>\n<\/div>\n\n\n\n In general, a premises owner does not have to protect invitees from criminal acts by other people.<\/p>\n\n\n\n For example:<\/strong> You\u2019re at the convenience store and there\u2019s a robbery and shootout. You can probably sue the robber, but you usually cannot sue the store owner.<\/p>\n\n\n\n Under the criminal-activity exception<\/em>, the landowner might still be responsible<\/em> if the landowner knew or had reason to know there would possibly be a risk to invitees.<\/p>\n\n\n\n For example:<\/strong> A holiday resort keeps having to break up bar fights among a group of college students visiting for the weekend.<\/p>\n\n\n\n This means the hotel owners know or have reason to know that when those students are at the bar, other hotel patrons (invitees) might be in danger.<\/p>\n\n\n\n The next day, the students who were fighting show up at the bar again, and there is tension. The hotel bar staff does nothing. If there is a fight and a bystander is hurt, the bystander can sometimes sue the hotel owners.<\/p>\n\n\n\n In fact this actually happened<\/a>, in the case of Del Lago Partners and BMC v. Smith<\/a>.<\/p>\n\n\n\n However, just because the owners in both exceptions failed to perform their duties, doesn\u2019t mean the injured parties automatically win.<\/p>\n\n\n\n Under Texas law<\/a>, if you are partly at fault for an accident, the amount of money you receive for your injuries may be reduced, or you may not recover at all.<\/p>\n\n\n\n So in the holiday resort example of Del Lago Partners and BMC v. Smith<\/a>, if a jury could find that the people injured should have known to leave the bar before the fight, they might receive less money. Someone who decided to get involved in the fight might not recover anything.<\/p>\n<\/div>\n<\/div>\n\n\n\n![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/Injuries-On-Someone.jpg\")
<\/figure>\n<\/div>\n<\/div>\n\n\n\nTwo Types of Negligence Law<\/h3>\n\n\n\n
Ongoing Activity<\/h4>\n\n\n\n
![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/Premises-Liability.jpg\")
<\/figure>\n<\/div>\n\n\n\nPremises Liability<\/h4>\n\n\n\n
The Duty to Warn in Premises Liability Negligence Lawsuits in Texas<\/h3>\n\n\n\n
Landlords Have a Duty to Warn Invitees About Hidden Dangers<\/h4>\n\n\n\n
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Landlords May Still Be Responsible, Even When the Invitee Knows About the Danger<\/h4>\n\n\n\n
Necessary-Use Exception<\/h5>\n\n\n\n
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![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/Necessary-Use-Exception.jpg\")
<\/figure>\n<\/div>\n<\/div>\n\n\n\nCriminal-Activity Exception<\/h5>\n\n\n\n
No Duty to Protect From Other\u2019s Criminal Behavior<\/h6>\n\n\n\n
Except When the Landowner Should Expect It<\/h6>\n\n\n\n
![\"\"](\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/There-Are-No-Slam-Dunks.jpg\")
<\/figure>\n<\/div>\n\n\n\nThere Are No Slam Dunks in Premises Liability Law<\/h6>\n\n\n\n