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When you are injured on someone else’s property, the owner may be responsible for those injuries. You have to demonstrate that the accident was because they were negligent – and that you had a legal right to be on the property. When the location is public property, proving that you had a right to be there may be more straightforward. However, you may face other challenges. A Sugar Land public property injury lawyer can help you navigate the process. Connect with our firm today to speak with a trusted premises liability attorney.
Texas law requires property owners to exercise reasonable care to keep their property safe for invitees. Invitees can be a confusing term – it does not just mean guests. Instead, it covers anyone with a legal right to be on the property. Delivery people and service people are two examples of people – who are not guests – with a legal right to be on a property.
Generally, the owner must keep the property well-maintained, reasonably clean, well-lit, and free from hidden hazards. If there are hidden hazards, the property owner should warn invitees about those hazards. If the hazards are obvious, a warning might not be necessary.
However, Texas Civil Practice & Remedy Code § 4-75 imposes limits on that liability. Agricultural property owners – public and private – may have a lower duty of care if people enter the property for recreational purposes. In addition to demonstrating that an injured person was lawfully on the property and that the property owner’s negligence led to the injury, an injured person may need to show why they were on the property. A public property injury attorney in Sugar Land can help explain how location impacts a claim.
The government – local, state, or federal – owns public property and intends it for general use. Some examples of public property include sidewalks, government buildings, parks, public schools, public transportation, and roads. Places with restricted access, like a police evidence room, may not qualify as public property.
Because public property is for general use, the government is responsible for keeping it safe. In addition to common law rules regarding a property owner’s duty, there may be regulations that outline the government agency’s duties. Failure to comply with those laws can be proof of negligence. A Sugar Land lawyer who handles public property injury lawsuits understands how those regulations can alter the duty of care and can help an injured person establish liability.
Theoretically, filing a public property injury claim against the government is more straightforward than filing against a private property owner. The government has a larger budget to pay claims – so they may be less reluctant to pay those claims. On the other hand, the government typically has significant resources and aggressive lawyers defending them against claims.
Texas also provides government defendants with procedural protections. In most tort lawsuits a plaintiff has the entire statute of limitations to file a claim. The state may allow government entities to establish shorter filing deadlines in a public property case. Plus, injured people must provide the government with notice of the claim within six months of the injury and before filing a lawsuit. Because of the special rules surrounding injuries on public property, getting guidance from a Sugar Land attorney is essential.
When a property owner’s negligence contributes to you getting hurt, acting quickly to preserve your rights is vital. Schedule a consultation with a Sugar Land public property injury lawyer to learn more about your rights and any unique filing information. Our team can assess the incident and advise you on whether you have a viable claim. We can also ensure you know of any special rules or deadlines. Reach out today.
Lone Star Injury Attorneys, PLLC
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