Accidents happen, but in a situation where the accident was avoidable, you may find that your injuries are legally compensable. If you are injured on another person’s or business’s property and the injury occurred due to negligence or unsafe conditions, the property owner may be held liable for the damage. A Richardson premises liability lawyer can help you receive the compensation you deserve. Contact us today!
What Is Premises Liability?
Premises liability is a subset of personal injury law that holds a property owner legally responsible for an accident that happens on their property. The law applied to both individual property owners and business owners.
In some situations, there may be some discovery necessary to determine exactly who was responsible, especially if there are multiple business owners or levels of a corporation. Premises liability law seeks to ensure that certain standards are met when it comes to ensuring property is safe for visitors.
Common Premises Liability Cases
There are many ways that accidents can occur on a property, leading to a premises liability claim. Slip-and-fall cases are arguably the most common. In the United States, 3 million older people are treated in emergency departments for fall injuries each year. In addition to slip and falls, other types of premises accidents may include:
- Dog bites,
- Overconsumption of alcohol,
- Swimming pool accidents,
- Attractive nuisance accidents involving children, and
- Structure collapse.
If your accident does not fit one of those descriptions, you may still have a premises liability claim. Your Richardson, TX premises liability attorney can help you determine the strength of your case and the best legal strategy to find success.
Do I Have a Premises Liability Claim in Texas?
To have a valid premises liability claim, you must be able to demonstrate that the property owner was negligent. You will be required to prove the following:
- There was a condition on the property that presented an unreasonable risk;
- The property owner had actual knowledge of the risk or should have reasonably known that it existed;
- The property owner failed to take reasonable action to repair or mitigate the danger; and
- You sustained injuries as a result of the danger on the property.
Your Richardson premises liability lawyer can walk through each of these elements with you. Every case has a unique set of circumstances, and yours deserves to be evaluated on its own merits. The facts of your case will help determine your legal strategy. Contact us today!
Who Can File a Premises Liability Case in Texas?
One of the most important factors that will determine who can file a premises liability claim is whether the injured party was legally permitted to be on the property. The Texas premises liability statute calls out three types of visitors to the property. Your Richardson, TX premises liability attorney can help you determine which category you fall into.
The highest duty of care is owed to invitees. These individuals are visitors who are invited to the property for business purposes. Customers are a common example of invitees, but other examples could include a hotel or amusement park guest, a diner at a restaurant, a client in an office, or anyone who enters the property for a legitimate business reason. The property owner is obligated to warn invitees of any unreasonable risks on the premises and should take reasonable steps to be informed of and address dangerous conditions.
Social visitors such as guests in a home are licensees. Other licensees may be individuals who are there for a business purpose with actual or implied consent such as a mailman, food delivery service, in-home care provider, or landscaper. Property owners owe licensees an ordinary duty of care to fix any known dangerous conditions. The property owner also has the duty to warn guests about those conditions. An example may be that the property owner has a temperamental dog but does not contain the dog when their guest comes to visit.
Individuals who do not have permission to be on the property are considered trespassers. In most situations, the property owner does not owe the trespasser any duty of care. The property owner cannot purposely injure the trespasser but does not otherwise owe them a duty to warn of dangers.
The exception to the trespasser rule is an attractive nuisance. An attractive nuisance is something on the property—such as a swimming pool or a broken down car—that would reasonably attract a child to enter the property.
What to Look for in a Richardson Premises Liability Lawyer
It is important that your Richardson, TX premises liability attorney be experienced with the nuances of Texas personal injury law and crafting legal strategy. Depending on the circumstances of your claim and the severity of your injuries, you may find yourself questioning the value of your case and what constitutes a fair settlement. At Hartley Law Firm, we will not let you settle for less than what you are entitled to and are happy to negotiate on your behalf. If a fair settlement cannot be reached, we can take your case to trial. Our award-winning team is committed to seeking justice for what you have been through. Contact us to schedule your free case consultation.