If you were visiting another person or a business and suffered an injury, the property owner may be liable for your losses. Property owners must keep a premises safe for visitors and could owe compensation to anyone who suffers a preventable injury on the space in question.
A Katy premises liability lawyer could file a claim for damages against a negligent party. When working with our team, you could receive reimbursement for your medical expenses, lost income, and the injury’s impact on your life. However, you have only a brief time to file a claim, so do not delay seeking advice from a hardworking injury attorney.
What Is Premises Liability?
Property ownership has its benefits and privileges, but it also comes with a responsibility. Owners must ensure that their property is safe for visitors. However, the extent of their obligation depends on a guest’s reason for visiting a space.
Invitees spend time on a property with expressed or implied permission, and customers are a good example of someone with this status. Store owners must inspect their premises regularly and make necessary repairs immediately after identifying a problem. Owners must also warn invitees of hidden dangers and take reasonable steps to protect them. If a business or premises owner fails to address potential harm, they could be responsible for a customer’s injuries.
Licensees enter a property with permission, but for their own purposes. Licensees include social guests, cable technicians, mail or package carriers, and other service people. Property owners must warn licensees about hidden dangers, but they do not need to conduct regular inspections or make repairs. If a homeowner fails to warn a licensee about a hazard, they might face responsibility after an accident or an injury.
Anyone who enters a property without permission is a trespasser. Property owners have no duty to prevent injury to trespassers but cannot intentionally create a situation that might harm them. Usually, a trespasser who suffers an injury on another person’s property has no ability to file a legal claim for damages.
However, the parent of a child who is injured while trespassing might be able file a premises liability action against a property owner. The law makes a property owner liable if they fail to prevent access to an “attractive nuisance” and a child suffers an injury. Attractive nuisances are items like swimming pools, playsets, treehouses, trampolines, sheds, and similar artificial features that could entice a child. For example, if a swimming pool is not enclosed by a fence and a child falls into it, a property owner could be responsible for the adolescent’s injuries.
A seasoned attorney in Katy could determine what type of guest a person is on a premises and identify whether an owner is liable for an accident.
What Might Cause an Accident on a Property?
Several conditions or situations could cause an accidental injury to a visitor on an individual’s property. Common examples of premises liability incidents include
- Elevator or escalator accidents
- Slips, trips, and falls
- Drowning and near-drowning in swimming pools and spas
- Exposure to toxins
- Falling items in stores or restaurants
- Dog bites
- Violent crimes in parking garages, malls, and office buildings
- Injuries sustained at gyms, amusement parks, golf courses, and other recreational facilities
If an injury was preventable and a property owner had a duty to protect a person from the hazard, the owner could be liable. However, an injured person might be responsible for a portion of their damages if their conduct contributed to the accident.
According to Texas Civil Practice and Remedies Code §33.003, all negligent parties, including a claimant, share responsibility for damages. For example, a claimant who was 20 percent responsible for an accident could collect only 80 percent of their damages from the property owner or other liable parties.
If a visitor experiences an injury while on someone else’s premises, a property liability lawyer in Katy could investigate the circumstances and determine whether joint liability applies to their case.
Pursue Your Premises Liability Claim with a Katy Attorney
If you sustain injuries on a property belonging to a business or person, reach out to a legal professional right away. The property owner’s insurance company might approach you with a settlement offer, but it is unlikely to reflect the amount you are legally entitled to receive.
A Katy premises liability lawyer could negotiate a fair settlement that compensates you for the injuries you suffered due to the property owner’s negligence. Schedule a consultation to learn more about filing your claim.