Residents and visitors frequently find themselves on another person’s property in the regular course of their day in Garland, Texas. Perhaps you slip and fall when you’re at the grocery store or twist your ankle on an exposed root in your friend’s backyard. If you are injured on someone else’s property, you may wonder if you have any rights.
Fortunately, you have rights. Under Texas premises liability laws, a property owner has certain obligations to anyone who may enter their property—even trespassers in some cases. Texas premises liability laws are complex, and whether you have any remedies depends entirely on the facts of your case. You should discuss your circumstances with our experienced Garland premises liability lawyers at the Hartley Law Firm as soon as possible to ensure that all of your potential rights are protected. Contact us today.
Premises Liability Legal Basics
You may wonder, What is premises liability? Premises liability describes a property owner’s obligations to people who may enter their land. A Texas property owner has to take certain steps to ensure their land is safe for visitors. Our Garland premises liability attorneys can better assist you with your legal obligations as a landowner and your rights as a visitor.
Negligence
Texas premises liability law provides remedies for people injured on a negligent owner’s property. To show negligence, you must prove:
- Duty—the property owner owed you a duty of care;
- Breach—they breached that duty of care by not attending to the problem on their property;
- Causation—their breach of duty caused your injury; and
- Damages—you suffered harm as a result.
The term duty above is vague on purpose—a property owner’s duty differs based on the visitor’s legal status. Texas law divides visitors into three general categories: invitee, licensee, and trespasser.
Invitee
An invitee is someone who enters a property with the owner’s knowledge and permission for mutual benefit. An example of an invitee is a customer. The property owner owes an invitee the highest duty of care. If the owner knows or should have known about a dangerous condition, they must warn the invitee or make the condition safe.
Licensee
A licensee is someone who has permission from the owner to enter the property but enters for their own benefit. When a property owner knows about a dangerous condition, they have a duty to make it safe or warn the licensee.
Trespassers
A trespasser enters the property without any permission from the landowner. The landowner doesn’t owe the trespasser much—they just can’t do something that has a high likelihood of harming the trespasser.
Attractive Nuisance
Landowners owe very little to a trespasser unless that trespasser is a child. If the landowner has something on the property that is likely to attract a child that poses a hazard, like a swimming pool, they may be liable if the child is hurt. This is called an attractive nuisance. The owner has to do everything possible to keep the potential trespasser child away from the hazard.
Types of Premises Liability Cases
There are many types of premises liability cases, including:
- Slip and fall accidents,
- Pool accidents,
- Accidents involving playground equipment,
- Defective conditions, and
- Dog bites.
Slip and falls are a very common type of accident on another’s property. Contact our Garland slip and fall attorney today if you have an injury because you slipped and fell on another person’s property.
Liability Limitations for Certain Property Owners
The owners of certain property types may have fewer duties under the law and are shielded from liability unless they’re grossly negligent. Types of land where Texas law limits liability may include agricultural land used for recreational purposes, electric utility land, or even community gardens. Speak with our Garland premises liability lawyers for more information.
Common Premises Liability Injuries
You can sustain a number of injuries on another’s property. Common premises liability injuries include:
- Broken bones;
- Sprained ankles;
- Lacerations;
- Head injuries;
- Spinal injuries, including paralysis; and
- Death.
If a loved one dies, you may be able to bring a wrongful death case. Our Garland premises liability attorneys can explain how to bring a wrongful death action.
Potential Compensation in a Premises Liability Case
Texas law allows for you to recover compensation in a premises liability case. Legal compensation is meant to make you whole and can include economic and noneconomic damages such as:
- Medical bills,
- Lost wages,
- Emotional distress, and
- Property damage.
Your potential compensation depends entirely on the individual facts of your case. Speak with our Garland slip and fall lawyer to discuss the possible compensation available to you.
Contact Our Premises Liability Attorneys to Fight for Your Rights
If you’re injured on another’s property, you need someone to help you fight for your rights while you focus on your recovery. Because insurance companies often get involved in these cases, you need a lawyer who has held their own against the panels of expensive insurance lawyers. At the Hartley Law Firm, we have negotiated numerous premises liability settlements and will fight for you in court if the property owner doesn’t settle. Contact us today.
