Premises Liability Lawyers in Texas
What is Premises Liability Law?
Premises liability laws hold property owners and businesses responsible when they do not provide safe environments for their visitors. The owner should be held liable when a property owner has ignored safety issues and a visitor is injured on their premises. In such cases, where one has been hurt on another person’s property, the defendant may be responsible for any resulting monetary damages and pain and suffering caused by the injury.
A premises liability lawsuit can be brought by someone injured on another’s property. These injuries include (but are not limited to) swimming pool accidents, dog bites, slips and falls, and amusement park accidents.
Premises liability is a very complex area of law. It is very easy for an unwary victim to get re-victimized by an adjuster who takes advantage of their lack of knowledge. For this reason, it is very important that you speak to a Houston premises liability lawyer as soon as possible and do not give any recorded statements.
To prevail in a premises liability claim in Texas, the plaintiff must establish:
- The defendant had a duty to protect the plaintiff.
- The defendant breached that duty by failing to exercise reasonable care against foreseeable dangers.
- Damages resulted from the breach of that duty.
What Exactly is “Duty” in a Premises Liability Case?
For premises liability purposes, a plaintiff’s status at the time of injury determines the defendant’s duty to that plaintiff. Visitors are classified as either licensees, invitees, or trespassers.
Licensees – This is a person to whom the property owner has given consent to enter the property. The owner has a duty to warn the licensee of any dangerous conditions on the property known to the owner but not known to the licensee (holes in the ground, loose steps, sharp objects, etc.). Alternatively, the property owner can make safe the dangerous conditions.
Invitees – These are people who enter the land of another with the owner’s knowledge and permission for their mutual benefit. An invitee is owed the utmost duty of care by the landowner. The landowner must warn invitees about dangers that the owner knows about or could have discovered through reasonable inspection.
Trespassers – A trespasser is a person who enters another’s property without lawful authority or permission. Trespassers are not owed any duties by the property owner except the duty not to cause injury willfully, wantonly, or through gross negligence
Construction Site Accidents and Immigration Status
Many undocumented workers who have been hurt on construction sites do not report their injuries, as they are afraid of being deported. As a large number of construction workers in Texas are undocumented, many instances of injury or death caused by negligence go unchecked. While this is a highly volatile political topic, as it relates to a wrongful death or injury on a construction site, an individual’s immigration status should have no bearing on their rights as a worker.
Regardless of your immigration status, if you’ve been hurt in a construction site accident please call The Hadi Law Firm to discuss your specific situation.
Frequently Asked Questions
If liability is proven in your case, compensation may be awarded for the following:
- Medical bills (past and future)
- Lost wages
- Pain and suffering
- Legal costs (in some cases)
- Costs associated with a resulting disability
- Punitive damages (if the defendant’s behavior was intentional or grossly negligent)
Typically, any person hurt on another person’s property can file a premises liability claim if they suspect negligence played a role. One exception to this is if a person was trespassing at the time of the injury. In this case, they can’t file such a claim unless the property owner injured the trespasser intentionally or through gross negligence.
Immediately following an injury on someone else’s property, here are a few things you should do:
- Call 911 and wait for emergency services to arrive. This is the most critical step if your injuries are severe. If they aren’t, it will help if you have an ambulance come to the scene so that paramedics can assess your injuries before a long ride to the hospital.
- Take pictures of the area. If possible, take photographs of the dangerous condition that led to your injury. For example, if you fell on a rotten step, take photographs of the step from several different angles. The more photographs, the better. If you’re too injured to take pictures, ask a friend, family member, or witness to take some for you.
- Gather witness information. Write down names, addresses, and phone numbers of the other people who were present when the accident occurred. Their version of events could be helpful should you choose to file a claim.
- Seek medical help. Ensure that you visit a doctor and follow their recommendations for care and medications.
- Remember to document everything! Keep copies of all bills, letters of correspondence, and reports surrounding your accident. Write down what you remember as soon as possible while the memory is still fresh to ensure important details aren’t lost.
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