Premises Liability Lawyer in Killeen, Texas

Conditions Precedent

 To bring a successful premises liability claim in the state of Texas, an injured person must be able to prove each of the following six elements:

• A condition existed on the property that posed an unreasonable risk of harm.
• The property owner knew, or should have known, about the condition and the risk of harm that it posed.
• The property owner should have anticipated that any person on their property could not have known about that risk or condition and would fail to protect themselves from it.
• The property owner was negligent in their failure to correct or mitigate the risk or condition.
• Somebody was injured as a result of the property owner’s negligence.
• The injury was a direct result of the risk or condition that existed on the property.

If these six conditions apply and you have been injured due to the negligence of a property owner, you may be able to bring a premises liability action against the property owner and can receive compensation for your injuries and economic losses.

Defenses to Premises Liability

There are two possible defenses to a premises liability to keep in mind that a property owner can assert in their defense. They are:

• The property owner was not negligent. The owner was not negligent; they did not create the hazard or condition that caused your injuries and they had no prior knowledge of the alleged condition. For example, in a shopping center just moments before you fell, laundry detergent was spilled all over the floor creating a hazard. The laundry detergent was spilled by someone other than the property owner, and the property owner did not have time to discover and clean up the spill.
• The injured party was negligent. The injured party was negligent and did not exercise due care. For example, the injured party could have seen the obvious danger of the spilled laundry detergent on the floor but failed to take the necessary actions to avoid the spill, such as walking around it or going down another aisle.

We Can Help You

If you have been injured but aren’t sure if you have met the conditions precedent for a premises liability claim, contact the attorneys at Zinda Law Group. We will investigate your case, collect evidence and determine if you have a claim - all at no cost to you. Call us today for a free consultation at (512) 246-2224.