Premises Injuries/Falls

The law of attractive nuisance often pops up in Texas regarding premises liability cases. This law requires that property owners be found liable for injuries to children/minors who trespass onto their property if the injury results from objects that appear to be fun or entertaining.

For this law to apply, there must be a dangerous set of objects or a dangerous condition on the property. The hazardous condition or object must be likely to attract children who would be unable to understand or assess the risks involved with interacting with the object.

Some examples of an attractive nuisance include construction equipment, a gravel pit, or a swimming pool.According to the law of attractive nuisance, property owners are required to do everything necessary to keep children away from the dangerous object or condition on their property. To accomplish this, a property owner might set up a fence, put up barriers, or install locking doors to keep the attractive nuisance out of a child’s reach.

There are many states that require property owners to engage in reasonable care when it comes to the maintenance of their property and anyone who might enter that property.

Other states, however, apply a rule that limits the property owner’s duties depending on what type of visitor comes onto the premises. In these states, there are three types of visitors: invitees, licensees, and trespassers. Ask your premises attorney if the state that you reside in applies this rule.

An invitee is a person who has the permission of the property owner to enter the property. These are usually friends, family, or neighbors of the property owner. Property owners owe a duty of reasonable care to keep their property safe for any and all invitees.

A licensee also has the permission of the property owner to enter the property but is entering the property for a specific purpose. For example, a licensee could be a salesman who the property owner allows onto their property or into their home.

Landowners tend to owe a less rigorous duty of care to licensees. Usually, licensees are only subject to a duty to warn. This means that a property owner would only need to warn a licensee about potentially dangerous conditions that might create an unreasonable risk of harm.

This duty, however, only applies if the licensee likely won’t discover the dangerous condition on their own and if the property owner is aware of the unreasonable or dangerous condition.

A trespasser is a person who does not have the permission of the property owner to be on the property. In the past, property owners did not owe any duty of care to trespassers unless the trespasser turned out to be a child.

Not sure if you were a licensee, trespasser, or invitee? Ask your premises lawyer to explain the differences to you. A premises lawyer will be able to elaborate on the information above and answer any questions you’re wondering about.

All in all, premises liability law involves the legal principles that make property owners responsible when someone enters their property (regardless of the reason) and ends up getting injured due to the property’s dangerous condition.

There are several exceptions, but most premises liability claims are based on establishing negligence and examining how the duty of care was enforced (or not enforced) in the scenario where an injury occurred. Property owners have varying degrees of duty to care depending on the type of visitor who is on their property.

Common law, or state precedent, is the main source of law that determines the outcome of a premises liability case. Other important sources include state statutes, municipal ordinances, and any local building codes.

Regarding premises liability cases, expect to see many slip and fall cases, as these are the most common types of accidents resulting in premises liability. Other common types of premises liability accidents involve wet floors, accumulated snow and ice, unmarked obstacles, falling objects and faulty stairs.