Public vs. Private Property: Are There Different Premises Liability Rules?
If you’ve been in an accident on someone else’s property, you may have many questions about who is responsible. Maybe you were injured and need to understand who is legally at fault. Or perhaps you’re a property owner wondering, Who is responsible if someone gets hurt on my property? Premises liability laws in Texas can be complicated and differ depending on whether the property is public or private.
At Daws Legal, we understand how confusing and stressful this can be. Our experienced team is here to help you understand your rights and responsibilities. Contact us today to discuss your premises liability injury and get the answers you need.
Understanding Premises Liability Laws in Texas
Premises liability laws determine who is responsible when someone is injured on a property. The rules change depending on whether the accident happened on public or private property. Property owners have a duty to keep their spaces safe, but the level of responsibility depends on several factors.
Personal Liability vs. Premises Liability
Before discussing the differences between public and private property rules, it’s important to understand the difference between personal liability and premises liability.
Personal liability applies when someone’s direct actions cause harm. For example, if a homeowner spills water and fails to clean it up, leading to a guest’s injury, the homeowner may be personally liable. Premises liability applies when an unsafe condition on a property leads to injury. For instance, if a store owner fails to fix a broken step and a customer falls, the business could be responsible under premises liability laws. These rules of liability apply differently to public and private properties.
Premises Liability on Private Property
Private property includes homes, businesses, and land owned by individuals or companies. Property owners must ensure their property is safe for guests, but their level of responsibility depends on the visitor’s status.
Texas law separates visitor status into the following three categories:
- Invitees. These individuals enter a property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees, and they must regularly inspect their property and fix or warn about hazards.
- Licensees. These are social guests or people with permission to be on the property, such as neighbors stopping by. Property owners must warn licensees about known dangers but are not required to inspect for unknown hazards.
- Trespassers. These are people who enter a property without permission. Property owners generally do not owe a duty of care to trespassers, except in cases involving children.
If an accident happens on private property, liability depends on the visitor’s status and whether the owner took reasonable steps to prevent injury.
Premises Liability on Public Property
Public property includes parks, sidewalks, government buildings, and other spaces open to the public. The following rules apply to government-owned properties:
- Broad immunity from lawsuits. Government entities have immunity in many cases. If you suffer an injury on public property, you may not be able to sue unless the government acted negligently.
- Limitations on types of claims. Texas law allows claims in specific situations. For example, if a government employee creates a hazard, such as a city worker leaving a dangerous hole in a sidewalk, you may be able to file a claim.
- Strict filing rules. You must provide notice of your claim within six months of the injury. You may lose your right to seek compensation if you miss this deadline.
If you’re unsure whether you have a case, Daws Legal can help you determine your rights and guide you through the process. We will carefully assess your situation, explain your options clearly, and advocate for the compensation you deserve.
Injured on Private Property: What If the Property Owner Has Insurance?
Many property owners carry liability insurance to protect themselves in case someone gets hurt on their property. If you sustained an injury, the owner’s insurance might cover your medical bills, lost wages, and other damages. However, insurance companies often try to minimize payouts. They may argue that you were partially at fault for the accident or that your injuries are not as severe as you claim.
If you are dealing with an insurance company, keep these points in mind:
- Do not accept a quick settlement. Insurance companies may offer a low settlement to close the case fast. You could be entitled to more.
- Be cautious when giving statements. Insurance adjusters may ask questions that lead you to make statements that could be used against you later.
- Document everything. Keep records of your medical treatments, accident reports, and any communication with the insurance company.
- Consider speaking with a lawyer. A premises liability lawyer can help you negotiate with the insurance company and fight for fair compensation.
Insurance companies often prioritize their bottom line over your well-being. Taking the right steps as soon as possible after an injury can help you secure the compensation you deserve.
Steps to Take After a Premises Liability Injury
If you’ve been injured on public or private property, you can protect your rights by:
- Seeking medical attention from a doctor as soon as possible;
- Reporting the incident to the property owner, store manager, or government agency;
- Documenting the scene by taking photos of the hazard that caused your injury and gathering witness statements;
- Keeping records of all medical bills, doctor’s notes, and communication related to your injury; and
- Contacting a premises liability lawyer to help you understand your options
These steps will help protect your rights and improve your chances of receiving the compensation you need to recover.
Take Action Today—Contact Daws Legal
Understanding premises liability laws can be overwhelming, but you don’t have to figure it out alone. Whether you suffered an injury on public or private property, Daws Legal is here to help. Our team provides superior guidance and compassionate support. Don’t wait to get the help you need. Call or contact us online today for a consultation. We are committed to service and results, ensuring you get the justice you deserve.
About the Author
Judson is a dedicated and experienced Personal Injury attorney with a passion for justice and a commitment to helping clients navigate complex legal challenges. With 30 years of experience in personal injury, he has successfully represented countless clients, securing favorable settlements and verdicts.
