A Texas woman has filed a premises liability lawsuit after she reportedly slipped on a pool of water while visiting a Houston apartment complex. According to the complaint, in February 2017 the woman slipped on a pool of water in the lobby, causing her to fall and hit her head on the floor. She alleges that she sustained head and brain injuries.
The lawsuit names U.S. Reif Sawyer Heights Lofts Texas LLC and Greystar Real Estate Partners LLC as defendants. The lawsuit claims that the defendants failed to inspect the property in order to identify the danger, that they failed to notify visitors of an existing danger, and that they failed to make the property safe. The plaintiff is seeking monetary compensation of greater than $200,000.
Cases like the one described above offer a glimpse at what can happen when properties are not properly maintained. The good news is that Texas has premises liability laws designed to hold property owners accountable for injuries sustained on their property. The bad news is that these cases are often complex and encompass a variety of legal concepts. Let’s take a look at some of the relevant legal concepts.
Premises Liability Case Types
There are several variations to premises liability case types. The three most common types include:
- Standard Premises Negligence: Like the case described above, standard premises liability negligence includes claims that a dangerous circumstance or condition on the property caused an injury.
- Negligent Activity: These cases include claims that someone employed by the defendant (property owner) injured another person while performing some activity on the property.
- Negligent Undertaking: This type of case generally occurs between a landlord and tenant. For example, a landlord is notified of a problem on the property, but fails to repair it. The tenant sustains an injury, then the landlord may be liable for damages.
Each type of premises liability claim must be proven in court, and each has a different standard. These standards include:
- Standard Premises Negligence: In order to prove standard negligence, you must establish that:
- A dangerous condition existed on the property.
- The dangerous condition caused the injury you sustained.
- The owner/operator of the property knew, or should have known, that the dangerous condition existed before an injury occurred.
- The owner/operator failed to fix or clean the dangerous condition, or warn visitors that the condition existed.
- Negligent Activity: In order to prove negligent activity, you must prove that an employee acted in a way that an “ordinarily prudent” person would, or would not, have in a similar/same circumstance.
- Negligent Undertaking: To prove negligent undertaking, you must prove that the owner/operator:
- Had an assumed duty where such a duty would not normally exist.
- That you relied on the owner/operator to perform said duty.
- That the injury occurred as a result of the owner/operators failure to uphold said duty.
Winning Your Case
Premises liability cases may be complex, but that does not mean you shouldn’t try to protect your legal rights. Partner with an experienced premises liability attorney to get the facts, gather evidence, and stand up for your legal rights and the compensation you deserve.