If you were injured in another person’s home or business, you may be thinking about filing a lawsuit. Determining negligence in McAllen premises liability cases can be complicated. Consulting with a lawyer is the best way to determine whether the property owner is legally responsible for your injuries. If they are, your premises liability attorney could help you pursue compensation to cover your medical bills and other expenses.
When Is a Property Owner Considered Negligent?
Generally, to be considered negligent, a person must have had a duty to behave a certain way, failed to uphold that duty, and injured someone else because of it. In Texas, property owners have a different duty of care, depending on the reason the person is on their property. Texas Civil Practice and Remedies Code § 75.007 states that property owners have no duty of care for trespassers who do not have permission to be there.
Visitors who do have permission to be on the property are either considered licensees or invitees. Licensees are either invited directly or are expected because of their jobs. They include social guests and workers making deliveries. Property owners need to make a reasonable effort to fix any hazards and to warn licensees about them, but these visitors are also responsible for their own safety to some degree. They are expected to avoid risky behavior and visible hazards. Property owners have higher standards for invitees, with whom they have a business relationship. Invitees include customers, clients, and tenants. In addition to the steps required for licensees, property owners need to proactively inspect the property to check for potential safety risks to invitees.
During a free consultation, a McAllen attorney could review your specific premises liability case to determine whose negligence led to your injuries.
What Happens if an Injured Person Contributed to Their Injuries?
Sometimes, both the property owner and the injured person have some level of responsibility for an accident. In the state, an injured person can receive compensation as long as they are considered less than 50 percent responsible. However, the compensation will be reduced based on their portion of responsibility. For example, if they were awarded $100,000 and considered 20 percent responsible, they would only receive $80,000. The standards for negligence depend on whether the injured person is an invitee or licensee. It is much more difficult for a property owner to claim that an invitee contributed to their own injury. Both parties being responsible is more likely when the injured person is a licensee. For example, there could be a hazard on the property that a reasonable owner would have fixed and a reasonable visitor could have noticed and avoided. If there is any ambiguity about who is negligent in a McAllen premises liability case, a person’s lawyer could determine who should be held liable and present evidence to support the claim.
Hire a McAllen Lawyer To Prove Negligence in Your Premises Liability Case
Determining negligence in McAllen premises liability cases can be a challenge. If you think a property owner’s negligence caused your injury, your next step should be meeting with an attorney who could ensure that you handle your case correctly. Our team could review your situation with you, assess your chances of a successful lawsuit, and represent you throughout the process if you decide to move forward. Reach out to the legal team at KGS Law today to discuss your case.