Premises Liability During the Holidays: Who’s Liable for Injuries in Texas?

With parties, decorations, and an influx of visitors during the holiday season in Texas, there is an increased risk of premises liability accidents. When someone is injured on another party’s property – like a relative’s house or a shopping mall during the holidays – Texas premises liability laws come into play to determine if the injured party can hold the property owner or manager liable for their injuries and losses. Each premises liability case will depend on whether the property owner owed a “duty of care” to visitors and if failing to uphold that duty led to a visitor’s injury.

The duty of care owed to a visitor depends on the type of visitor, such as:

Invitees: Invitees like guests at holiday parties are owed the highest duty of care. Property owners are expected to make a reasonable effort to clear their property of hazards before an invitee enters the premises.
Licensees: Licensees like a vendor selling holiday candy door-to-door are owed a moderate duty of care. Property owners are expected to warn licensees of any known and pertinent hazards, such as a patch of ice on the walkway that the homeowner knows forms on cold days.
Trespassers: Trespassers are typically not owed a duty of care. Children are an exception. If a child could be attracted to something dangerous on the property like a swimming pool or brightly lit Christmas lights, the property owner is expected to take reasonable precautions to prevent a child from accessing that hazard while unattended.

Common Holiday Accidents Involving Premises Liability

Different premises liability accidents that tend to happen during the Texas holiday season are:

Slip and fall accidents: Slipping on ice or snow on sidewalks, porches, or driveways is more likely during the holidays in some of the colder parts of Texas. However, even in the middle of major cities, cold snaps can happen, resulting in unexpectedly frigid conditions. Property owners, including homeowners and businessowners, should attempt to clear ice and snow off walkways leading into their premises.
Tripping accidents: Tripping over holiday decorations or poorly placed cords for lights can be just as dangerous as slipping on ice or snow. Decorations that obstruct walkways or pose a tripping risk are dangerous and should be corrected by the property owner before a guest or visitor is hurt.
Holiday party accidents: During a holiday party, all types of unexpected accidents can occur, such as guests falling near or into a pool, tripping on uneven flooring or holiday decor, or falling down the stairs due to intoxication. It might be impossible for a party host to anticipate every single type of accident that can happen during a holiday party, but reasonable efforts to prevent predictable hazards are still expected of homeowners.

What Should You Do If You Get Hurt at a Holiday Party?

If you’re injured on someone else’s property during the holidays, you should try to follow these steps:

Report the accident to the property owner immediately.
Document the scene, including photos of where the accident occurred and what caused it. Evidence such as icy walkways, loose cords, or tripping hazards is crucial.
Collect witness information from anyone who saw the incident happen.
Seek medical attention as soon as possible. Keep all medical records and bills, as these will support your claim if you file one.
Consult a personal injury attorney if your injuries are serious or the property owner denies responsibility.

Liability in Texas is influenced by factors like negligence by the property owner and comparative fault if the injured party contributed to the accident. An attorney can help determine if you have the grounds to file a claim, whether you were injured at someone’s house or a holiday event hosted by a local business or large corporation.

Should You File Against a Relative After a Holiday Accident?

One of the biggest concerns people have about filing a claim after getting hurt at a holiday get-together is the fear of “suing” a relative or friend. However, it’s important to understand that premises liability claims are typically handled through the homeowner’s insurance policy, not the homeowner themselves. Homeowner’s insurance policies are designed to cover medical expenses and damages in these situations, after all. Filing a claim does not mean your loved one is personally paying for your compensation; instead, their insurance provider will handle the claim, and insurance policies exist to protect both the property owner from personal liability for an accident.

If you have questions about your rights or need advice after an accident during a holiday get-together at a relative’s house, Hilliard Law is here to help. Our Texas trial attorneys have nearly 40 years of experience with handling complex and sensitive injury claims, including those filed against someone that the plaintiff/injured party knew personally. We would be happy to help you understand your rights and walk you through the process of pursuing the compensation you need to recover after being in an accident.

Call (361) 882-1612 now to request a free case review with our Texas holiday accident lawyers.