Understanding What a Premises Liability Claim Is
The range of incidents that fall under premises liability is broad, encompassing injuries from unsafe structures, exposure to hazardous materials, and inadequate security. This legal concept is based on the principle that property owners, occupiers, or renters have a duty to maintain their premises in a reasonably safe condition to prevent harm to those who enter.
Under Texas law, individuals who enter someone else’s property are categorized into three distinct groups based on their reasons for being on the property. The law looks at why that person was there to determine the extent that the property owner needs to take care of them. Think of it like this: depending on why you’re visiting someone’s house or a business, the owner has different levels of responsibility to keep you safe. Here’s how it breaks down:
1. Invitees: Come on In for Both Our Sakes
If you’re an invitee, it means you’re on the property because it benefits both you and the owner. This usually pertains to business visitors — for example, customers in a store. The store owner has to make sure the place is safe for you. They need to check for any dangers, fix them, and warn you about them because they invited you to come over, hoping you’ll buy something.
2. Licensees: Here for a Casual Visit
Licensees are more like social guests. You’re there because the owner said you could come, but it’s more for your benefit or pleasure, like attending a party. Property owners must warn licensees of any known dangerous conditions that are not likely to be discovered by the licensee. The owner doesn’t have to inspect every corner for dangers before you arrive, but, for example, if they know there’s a loose step on the porch, they should tell you about it to avoid an accident.
3. Trespassers: Not Invited but Still Some Rules
Trespassers are on the property without permission or legal right. Generally, the owner doesn’t owe them much in terms of safety. For adult trespassers, property owners typically do not need to warn of dangers or make the property safe. The main rule is the owner can’t set up traps or do anything to intentionally harm a trespasser. There’s a special rule for kids, though. If there’s something really attractive but dangerous on the property (like a swimming pool), the owner might need to take steps to keep kids safe, even if they’re technically trespassing.
Our Role
In the aftermath of suffering an injury due to unsafe conditions on someone else’s property, securing compensation is vital. Texas Personal Injury Experts, PLLC specializes in advocating for the injured, working to ensure that they receive the financial support necessary for their recovery and any necessary adaptation to new life circumstances.
We deal with the insurance companies so that you can focus on recovering from your injuries and moving on with your life. Texas Personal Injury Experts, PLLC will work tirelessly to obtain compensation for your medical expenses, rehabilitation costs, lost wages, and loss of future earning capacity. Further, injuries have non-economic impacts as well. We will fight to make sure you are paid for your pain and suffering, loss of enjoyment of life, and emotional distress.
No Fee Unless We Win
Texas Personal Injury Experts, PLLC works on a contingency fee basis, meaning we only get paid if we win your case. We get paid AFTER you get paid. This allows you to focus on your recovery without the burden of upfront legal fees.
Call Texas Personal Injury Experts, PLLC for a free consultation and let us help you secure the maximum justice and compensation for your injuries.
