San Antonio Premises Liability Attorneys and Law Firms

1100 N.W. Loop 410, Suite 365
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774

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The legal theory of "premises liability" holds owners and occupiers of property legally responsible
for accidents and injuries that occur on that property. The kinds of incidents that give rise to
premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on a
amusement park ride.

The liability of owners and occupiers of property will vary depending on the legal rules and
principles in place in the state where the premises liability injury occurred. In some states, the court
will focus on the status of the injured visitor in determining the liability of the owner or occupier. In
other states, the focus will be on the condition of the property and the activities of both the owner
and visitor.

Legal Status of Visitor: Invitee, Licensee, or Trespasser

In Texas, it is important the status of the visitor to the property. There are generally four different
labels that may apply: invitee, social guest, licensee, or trespasser. An invitee is someone who is
invited onto the property of another, such as a customer in a store. This invitation usually implies
that the property owner/possessor has taken reasonable steps to assure the safety of the premises.
A licensee enters property for his own purpose, or as a social guest, and is present at the consent of
the owner. Finally, a trespasser enters without any right whatsoever to do so. In the case of
licensees and trespassers, there is no implied promise that reasonable care has been made to assure
the safety of the property.

Texas requires the exercise of reasonable care for the safety of the visitor, other than a trespasser. In
order to satisfy the reasonableness standard owed to invitees and/or licensees, an owner has a
continuing duty to inspect the property in order to identify dangerous conditions and either repair
them or post warnings as appropriate. An owner can be found liable if he or she has knowledge of a
dangerous condition, fails to take reasonable steps to fix that condition (or warn visitors), and a
visitor suffers an injury as a result.

Determining whether the standard of reasonableness required by an owner toward licensees (and in
some states, both licensees and invitees) has been met requires an examination of numerous factors
including: Circumstances under which the visitor entered the property;
Use to which the property is put;
Foreseeability of the accident or injury that occurred;
Reasonableness of the owner/possessor's effort to repair a dangerous condition or warn visitors.

Premises Liability