Premises liability refers to a landowner’s liability for injuries caused by property defects, hazardous conditions, inadequate security and/or unsafe premises.
Property owners and businesses alike have a duty to provide a safe environment for their visitors. When they fail to do so, and an individual is injured on the property owned or maintained by someone else, then the landowner or business may be held legally responsible for the visitor’s injuries, including the injured person’s medical expenses, pain & suffering, and lost wages.
Premises liability law can get very complex when it comes to issues of culpability and reasonability. Because of this, it’s vitally important to seek the advice of a good premises liability lawyer in Dallas to determine the strength of your claim and ensure that you have the best chance at a successful case.
Premises liability law differs from one state to the next; however, a common denominator that doesn’t change is what you as the plaintiff need to prove in order to hold the premises owner liable for your damages. Here’s a basic list:
Don’t worry if you’re not sure what this all means. Your attorney will walk you through all of this during your first meeting.
Under Texas common law, there are three types of individuals who may sue for compensation in such situations: invitees, licensees, and trespassers.
If you were a customer, you are considered an invitee. An invitee is an individual who enters a property with the express or implied permission or invitation of the owner, and whose visit benefits both parties. According to the law, an owner has the highest level of duty towards an invitee. As a result, they must use reasonable care to ensure that all hazards are taken care of in a timely manner, all operations are carried out safely, and that they routinely carry out inspections in order to fix any apparent premises defects.
A licensee refers to a person who enters the premises with the express permission or consent of the landlord or property owner, but with no business purposes involved. A social guest in your home would be a good example of a licensee. According to the law, the property owner is responsible for warning a licensee about possible dangers present within the premises in a reasonable manner. However, the property owner is under no obligation to fix or inspect known defects.
On the other hand, a trespasser is an individual who gains access to a property without the express or implied permission of its owner. Typically, property owners have no responsibility to warn undiscovered trespassers of premises dangers (except for those which involve an extreme degree of risk). However, it is illegal to “booby trap” a property with the intent to injure potential trespassers.
Additionally, if the victim was a child, special rules may apply; namely the Attractive Nuisance Doctrine.
Some common examples of premises liability accidents include:
If you were injured due to a premise liability issue in DFW, it’s your right and your responsibility to seek justice and compensation. Please call us today at (214) 651-6100 for a free consultation with one of our highly qualified and experienced Dallas premises liability attorneys. Do not wait on the store to do the right thing. It’s not in their best interest to treat you fairly, and they won’t. Call us now and let’s get started on your case today!
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at (214) 651-6100.
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