Failing to maintain business properties like grocery stores, shopping malls or office buildings is negligent. Property or business owners are responsible when there are hazards on their premises.
As the injured party, you should understand several legalities in a premises liability case in Texas, particularly the element of “reasonable time.” Here’s how that concept can help you.
The concept of ‘reasonable time’
In Texas, the law expects property owners to fix dangerous conditions quickly, but there’s no exact time limit. Each situation is different. The court looks at things like how dangerous the problem is, how easy it is to fix and what kind of property it is. For example, a spill in a busy grocery store should be cleaned up faster than a crack in a rarely used parking lot.
While working on fixing the problem, property owners should also put up warning signs to alert people about the danger. This is a way to help prevent accidents while they implement a more permanent solution. However, just putting up a sign doesn’t always free the owner from responsibility, especially if the hazard remains for a long time.
If the owner takes too long to fix a problem they knew about or should have known about, or if they fail to warn people properly, they may be liable for injuries that happen because of it.
Other deadlines to consider
When you’re hurt because a property owner didn’t address a dangerous condition quickly enough, you may have grounds for a case. In Texas, you generally have up to two years from the date of your injury to file a claim, though exceptions may apply.
It’s important, however, to act quickly for two reasons. First, you need to follow the law’s time limits. Second, the longer you wait, the harder it can be to prove the dangerous condition was there for too long.
Filing a premises liability claim
If possible, try to gather evidence soon after the incident. This could include taking photos of the hazard and collecting statements from potential witnesses. Such information might help support the argument that the property owner possibly didn’t address the issue within a reasonable time and possibly strengthen your claim for compensation.