Elements of a successful Texas premises liability lawsuit
If you are injured while on someone else’s property, you may be able to bring a personal injury lawsuit against the owner. This type of personal injury lawsuit is known as a premises liability lawsuit. An example of a premises liability claim is a slip and fall accident at a grocery store.
In order to bring a successful premises liability lawsuit in Texas, you must be able to prove each of the following six elements:
- A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
- The defendant knew, or should have known in the exercise of ordinary care, that the condition of their property posed an unreasonable risk of harm.
- The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
- The defendant was negligent in that they created the condition, knew about the condition and negligently failed to correct it or should have known about the condition.
- The plaintiff was injured.
- The condition of the defendant’s property caused the plaintiff’s injury.
If you were injured because of a dangerous condition on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal assistance. Simply email us or phone us toll free at 1.866.705.7584.