Under state law, landowners and anyone responsible for the upkeep of a property have a duty to keep a premises hazard free to ensure guests are safe while visiting. Therefore, when an owner or manager fails to keep a public or private property danger-free and visitors suffer injuries, the court can hold them accountable for the damage.
When you sustain injuries on someone else’s property, you have the legal right to file a claim for compensation. A hardworking injury attorney could help with this process. Call a McAllen premises liability lawyer today to learn more.
Visitor Categories in Premises Liability Cases
The category a property guest falls within plays a significant role in the outcome of a civil lawsuit. The three types of visitors include the following:
Landowners or managers invite these guests onto a property for business purposes by express or implied invitation. Owners owe invitees the highest duty of care, meaning they must inspect the premises regularly, make necessary updates, and warn guests about potential hazards until they fix the dangerous condition.
Owners invite licensees onto their property for social reasons. Property managers owe this group the second highest level of care. For example, landowners must fix potential hazards and warn licensees of the risk until resolved.
Trespassers enter properties without an invitation from property owners. Therefore, the person responsible for maintaining a property does not owe these individuals a duty of care. However, landowners cannot intentionally cause trespassers harm by trapping them or physically hurting them.
When a property owner intentionally injures a trespasser, civil courts can hold the landowner financially responsible for the damages. A knowledgeable and experienced attorney in McAllen could help determine what type of guest a person is and collect the evidence needed to prove liability.
Time Frame for Filing a Premises Liability Lawsuit
There is a time frame for filing actions against property owners after suffering damages on their property. For instance, according to the instruction of the Texas Civil Practice and Remedies Code § 16.003, claimants must bring legal action against liable parties within two years of an accident. If a plaintiff is not immediately aware of their injuries, they have two years from the day they reasonably discover the damage.
When a child suffers injuries while on someone else’s property, the statute will not begin to run until they turn 18, expiring on their 20th birthday. However, a parent or guardian can file a lawsuit on the minor’s behalf but must bring legal action within two years of the accident.
Missing the statute’s deadline will usually mean losing the opportunity to collect compensation from the negligent party. A premises liability lawyer in McAllen could handle the work to prepare the case and legal filings on the plaintiff’s behalf.
Meet With a Hardworking Premises Liability Attorney in McAllen Today
An accident on someone else’s property can be distressing, especially when a landowner or manager fails to uphold a duty to keep you safe from harm. These accidents can leave you with severe injuries, mounting medical bills, and the inability to return to work.
When you sustain injuries because of a careless property owner, you could have the right to collect compensation to cover the damage. Schedule a consultation with an experienced McAllen premises liability lawyer to learn more or for help with a case.