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Property classifications determine the level of care owed to you
Accidents on someone else’s property in Lubbock may fall under premises liability law. Learn about property owner duties, defenses, and how to protect your rights.
Accidents can happen anywhere, but when an injury occurs on someone else’s property in Lubbock, Texas, special premises liability rules may impact your ability to recover damages.
Let’s take a closer look.
Elements of a premises liability claim in Lubbock
Let’s say you slip-and-fall in your neighbor’s yard—can you sue them? Simply being injured on someone else’s property isn’t enough to recover damages. You must prove that the property owner’s negligence directly caused your injuries. Here’s what the law requires you to establish:
- The property owner had a duty to protect you from harm.
- The property owner breached their duty.
- You were injured as a direct result of the breach.
Property owners aren’t responsible for protecting you from all harm. Their specific obligations depend on your classification, which is determined by the reason you were on the property.
Classifications and property owner responsibilities in Lubbock
Under Texas law, including in Lubbock, a property owner’s duty depends on the injured person’s classification. There are three primary classifications:
| Invitees | An invitee is an individual who enters a property for the benefit of both themselves and the property owner, such as a customer in a store. | An owner owes an invitee the highest degree of care, which includes the duty to locate and fix (or provide a warning about) any dangerous conditions. |
| Licensees | A licensee is an individual who enters a property for their own purposes but with the owner’s permission, such as a social guest. | An owner owes a licensee a duty of ordinary care to warn or fix dangerous conditions which the owner has knowledge of or should have knowledge of. |
| Trespassers | A trespasser is an individual who enters a property without any right and without the property owner’s permission. | An owner only owes a trespasser a duty to refrain from willfully injuring the trespasser. |
In Lubbock, property owners can be held liable for injuries to trespassing children in specific situations. This liability arises when a hazardous condition on the property—such as a swimming pool, trampoline, or construction equipment—is likely to attract children. To avoid liability, property owners must take reasonable steps to secure these hazards and prevent access.
Roger Martinez was walking along a dirt path in a vacant lot adjacent to Avenue M in Lubbock when he stepped into an uncovered hole that once contained a water meter, resulting in injuries. Martinez sued the City of Lubbock, alleging negligence for failing to cover the hole. The City contended that the hole was a premises defect and that it lacked actual knowledge of the hazard, a requirement for liability under the Texas Tort Claims Act.
The trial court granted summary judgment in favor of the City, determining that the uncovered hole was a premises defect and that the City did not have actual knowledge of its existence. Martinez appealed, arguing that the hole constituted a special defect, which would not require proof of the City's actual knowledge.
The Court of Appeals affirmed the trial court's decision, holding that the uncovered hole was a premises defect, not a special defect. The court reasoned that the hole was located two to five feet inside the vacant lot, away from the curb and street, and did not pose a threat to ordinary users of the roadway.
Common defenses to premises liability claims
Property owners often rely on several defenses to counter premises liability claims. Understanding these defenses can help you anticipate challenges in your case.
- Modified comparative fault: Texas follows a modified comparative fault rule, which applies in Lubbock. If you are partially responsible for your injuries, your compensation may be reduced by your percentage of fault. However, if you are more than 50 percent at fault, you cannot recover damages.
For example, if a Lubbock jury finds that you were 30 percent responsible for a slip-and-fall in your neighbors yard because you ignored a clearly visible warning sign, your compensation will be reduced by 30 percent. - Assumption of risk: Property owners may argue that you willingly accepted the risks associated with a particular activity. For instance, injuries at a Lubbock recreational facility might not result in liability if you signed a waiver acknowledging the risks.
- Statute of limitations: Texas law gives you two years from the date of the injury to file a premises liability lawsuit. Missing this deadline generally bars you from recovering compensation.
Dog bite liability on private property in Lubbock
Dog bites are among the most common injuries that occur on someone else’s property. In Lubbock, specific laws govern dog bite claims, distinguishing them from other types of premises liability cases.
When it comes to dog bite liability, states generally follow one of two legal frameworks:
- Strict liability: In states that apply strict liability, a dog owner is liable for a dog bite regardless of whether or not the dog displayed aggressive or violent tendencies prior to the bite.
- One-bite rule: In states that apply a one-bite rule, a dog owner is only responsible for a dog bite if the owner knew or should have known about their dog’s violent tendencies.
Texas, including Lubbock, is a one-bite state. This means that if you are injured by a dog bite, you must prove that the dog’s owner knew the dog had acted aggressively in the past or had previously bitten someone. Evidence such as witness testimony, prior complaints, or records of previous incidents can be crucial to supporting your claim.
How to protect your rights after a premises liability injury in Lubbock
If you’ve been injured on someone else’s property in Lubbock, take these steps to strengthen your claim:
- Seek medical attention immediately: Document your injuries and follow through with treatment recommendations.
- Report the incident: Notify the property owner or manager and ensure the incident is recorded in writing.
- Gather evidence: Take photographs of the hazard, obtain witness contact information, and save any relevant documents, such as receipts proving you were on the property.
- Contact a Lubbock premises liability lawyer: An experienced attorney can help you understand your rights and build a strong case.
See our guide Choosing a personal injury attorney.