In Texas, when an injury is caused by a dangerous property condition, the property owner or controller can be held responsible for the victim’s injuries. This is known as a premises liability claim, and it’s most often filed with the insurance carrier of the property owner.
If you get hurt while on someone else’s property in Texas, it’s important to understand how to file a premises liability claim and to have an idea of what this type of insurance can cover. For assistance protecting your rights and being treated fairly during your claim, contact an Austin premises liability attorney.
What Is Premises Liability Insurance?
Premises liability insurance can refer to multiple types of property insurance coverage available to property owners, landlords, tenants and business owners. When this type of policy is purchased, it can protect property owners financially if someone gets injured on their premises due to poor maintenance or a dangerous condition. Rather than having to pay for the victim’s medical bills and damages out of pocket, they can rely on their insurance policies to pay.
Types of Premises Liability Insurance Claims
A premises liability insurance policy in Texas can cover many different types of accidents that occur due to unsafe property conditions, such as:
- Slip or trip and fall accidents
- Staircase accidents
- Swimming pool accidents
- Struck-by falling objects
- Elevator or escalator accidents
- Dog bite injuries
- Structural collapses
- Crimes due to negligent security
- Exposure to toxic substances
- Fires and electrocutions
Any injury that occurs due to inadequate property maintenance, from broken bones to traumatic brain injuries, could qualify a victim for a premises liability insurance claim in Texas.
What Is Covered Under a Premises Liability Insurance Policy?
In Texas, most property owners have some type of insurance to pay for injuries, losses and deaths that occur due to dangerous conditions present on the premises. Common examples are homeowners insurance, renter’s insurance and commercial property insurance.
The protections that may be offered by a premises liability insurance plan include:
- Medical costs: health care and medical treatments required by the injured party can be covered up to the limits of the policy. This can include necessary doctor’s visits, surgeries, medications, therapies and rehabilitation.
- Property damage: any repairs that need to be made to the victim’s damaged or destroyed personal property because of the accident.
- Legal fees: attorney’s fees or court costs sustained by the policyholder if the premises liability case has to proceed to trial. This includes paying for any court-awarded damages if the policyholder is found liable.
In general, premises liability insurance policies in Texas protect policyholders from personal liability for claims related to bodily injuries suffered by others on their properties. Understanding exactly what may be covered in your specific claim will require reading the language of the policy.
What Doesn’t Premises Liability Insurance Cover?
Property insurance policies always have exceptions and policy exclusions. While every policy is different, common exclusions include bodily injury caused by intentional acts of wrongdoing and damage to the policyholder’s own property.
If the injured victim was trespassing – entering the property without the owner’s permission or legal authority – premises liability insurance typically will not cover the trespasser’s injuries. Finally, employee injuries are not covered by commercial property insurance.
When Can You File a Premises Liability Insurance Claim in Texas?
Texas’s laws of premises liability state that property owners have a legal responsibility to ensure the reasonable safety of their premises. They cannot neglect the care, control, management, maintenance or upkeep of a property in a way that threatens the safety or health of others.
If a property owner in Texas breaches the duty of care and someone is injured as a result, the injured party will have the right to file a premises liability insurance claim. These claims are typically based on the legal theory of negligence, meaning the property owner did not do what a reasonable and prudent person would have in the same circumstances.
What Are a Property Owner’s Duties of Care?
A property owner’s basic duty of care has three obligations. The first is to inspect a property for unknown, new or hidden bodily injury risks. The second is to remedy or repair any discovered property defects or conditions that could be dangerous. The third is to post signs that warn visitors of injury risks that may not be obvious.
These are a property owner’s responsibilities when welcoming invitees – a type of visitor that is invited to a property for the owner’s own benefit, such as customers at a business. Licensees, such as social guests at a private residence, are owed a slightly lesser duty of care, where the property owner does not have to search for unknown hazards.
How Much Is the Average Premises Liability Insurance Settlement?
If you have grounds to file a claim with a property owner’s premises liability insurance policy in Texas, it is important to first understand how much your case is worth. No matter what an insurance company promises you, it does not have your best interests during settlement negotiations. Insurance companies always put their profits first.
There is no such thing as an “average” premises liability insurance settlement. Every case is unique, with case values varying significantly based on the victim’s injuries and other factors. Rather than basing your claim on an average, consult with an attorney for a personalized case review.
When Might a Premises Liability Case Go to Court in Texas?
Most accident victims can achieve fair settlements for their premises liability claims through the insurance process. Complicated cases, however, may require additional legal options, such as a personal injury claim or case litigation in a courtroom.
If your case involves serious or catastrophic injuries that will affect you for the rest of your life, for example, a premises liability insurance settlement may not adequately compensate you for your past and future losses.
If someone passes away due to injuries suffered because of a property defect, a wrongful death lawsuit may also require litigation for fair compensation. In this case, the family may be eligible for funeral and burial costs, lost earnings and inheritance, and loss of consortium.
Contact a Premises Liability Lawyer in Texas for Insurance Claim Support
Handling a premises liability insurance claim in Texas can be difficult – especially while you try to recover from your injuries. Save yourself the hassle of the legal process by contacting a process liability lawyer near you as soon as possible.
The attorneys at FVF Law Firm can seek a fair and reasonable settlement for you so that you can focus on getting well. Our team has over 100 years of combined legal experience. Having our attorneys by your side can give you confidence while you take the next steps forward.
