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Elements of a successful Texas premises liability lawsuit

January 2, 2010

If you are injured while on someone else’s property, you may be able to bring a personal injury lawsuit against the owner. This type of personal injury lawsuit is known as a premises liability lawsuit. An example of a premises liability claim is a slip and fall accident at a grocery store.

In order to bring a successful premises liability lawsuit in Texas, you must be able to prove each of the following six elements:

  1. A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
  2. The defendant knew, or should have known in the exercise of ordinary care, that the condition of their property posed an unreasonable risk of harm.
  3. The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
  4. The defendant was negligent in that they created the condition, knew about the condition and negligently failed to correct it or should have known about the condition.
  5. The plaintiff was injured.
  6. The condition of the defendant’s property caused the plaintiff’s injury.

If you were injured because of a dangerous condition on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal assistance. Simply email us or phone us toll free at 1.866.705.7584.


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