Injured on someone else’s property? We help you get the compensation you deserve.
Safety is always paramount. If you’ve experienced any injuries, such as a fall or another type of accident while visiting someone’s home, property, or business, don’t hesitate to reach out and get the help you deserve – no matter where it happened! Get in touch with the Fitts Law Firm now for your free consultation.
Texas Premises Liability Explained
Property owners in the state of Texas are responsible to those who enter their land for personal and professional reasons – a duty to keep their properties safe and secure. Unfortunately, accidents do happen. If an unfortunate incident results in an injury or death, the landowner may be liable for any damages incurred by the injured individual or surviving family members. Under Texas law, if someone is injured or killed due to a hidden condition or defect on the property, they are entitled to bring a compensation claim. This liability highlights how important it is for landowners to maintain safe conditions so that visitors can safely and confidently come onto their property.
How is responsibility established in Premise Liability cases?
When you have been injured in an accident due to a hidden dangerous condition on someone else’s property, premises liability law can help. However, proving negligence under these laws often requires extensive investigation and expert analysis of your circumstances. Fortunately, the Houston premises liability lawyers at the Fitts Law Firm can provide experienced guidance. We will review your case closely and provide step-by-step support to ensure that you receive the total compensation you need. Don’t rely solely on your own understanding of legal matters – contact us today for reliable help with your claim. Often, in our experience, insurance adjusters will sometimes try to misrepresent the law to people who are injured when they try to resolve their claim without having a lawyer. They are experts and you need an expert on your side as well.
What is Premises Liability?
Premises liability is a legal concept of vital importance that’s responsible for protecting those who enter properties owned and occupied by others. Under this concept, those who own or occupy land are responsible for protecting any individuals who may enter such premises so that they will not suffer any injuries or harm. Depending on the circumstance, if injuries occur due to negligence—whether willful or out of ignorance—by the property owner, they can be held liable for anything unfortunate that happens as a result. This principle ensures that individuals can access private premises without fear of bodily harm and provides confidence in navigating various situations.
Premises liability cases encompass an array of personal injury cases and are essential to the law. From a slip or fall from a liquid on a neglected floor, to dog or animal bites caused by insufficient training or supervision, improper maintenance of facilities, snow, ice, standing water, and swimming pool accidents – these cases encompass a comprehensive range of injuries suffered because the proper effort wasn’t taken to maintain safe premises. Understanding premises liability cases are vital to protecting your rights and getting justice in the event you’ve been injured due to someone else’s negligence.
What category do you fall under for your Premise Liability claim?
An important concept to remember when it comes to property law is dividing people into three distinct groups depending on the reason the are on the property. These categories help define those rights and responsibilities in any given space.
Invitee
Invitees are always warmly welcomed to a property, either for business purposes or because it is open to the public. Property owners graciously extend their hospitality by allowing individuals on-site in order to provide efficient service and enhance accessibility. Invited guests and visitors to a business are normally an invitee.
Licensee
With permission from the property owner, friends, family, and other acquaintances often find an invitation to pursue their own interests or recreational activities on someone else’s land – they are known as licensees. All parties can enjoy such a privilege with mutual respect for one another.
Trespasser
When property lines and liability become blurred, it can be challenging to understand who is responsible for an injured adult or child trespasser. If a situation like this arises in the Houston area, consulting with a knowledgeable personal injury attorney will help clear up any confusion over premises liability matters. For example, you can be in invitee or a licensee in one section of someone’s property, but a trespasser in another part of the property.
Who’s responsible for your premises Liability claim?
A premises liability claim could hold various responsible parties accountable for your injuries. Among the potentially liable entities are:
The property owner
Property owners are responsible for ensuring that their land is safe for visitors. In cases where someone sustains an injury due to hidden dangers or defects on the property, compensation may be owed by the owner.
The tenant
Negotiating liability for an injury on a leased property can be complex – the tenant may take responsibility in part or even wholly, depending upon various factors. Therefore, it is essential to understand who is liable and how much they could owe before signing any lease agreement.
The maintenance provider
When problems arise with your property’s upkeep, it is often delegated to a third party; however, if such negligence or lack of maintenance results in injury due to unsafe conditions on the premises- that vendor could be held liable for any damages incurred.
If you have been injured in a private residence, the issue of premises liability may seem like a straightforward case. However, if renovations or construction occurred on the property when your injury occurred, it could become more complicated to determine who is responsible for the conditions that caused your harm. In addition, when it comes to commercial properties, many entities are often involved in ownership and responsibility for the land and buildings. In these cases, you should consider consulting an experienced premises liability attorney who can help identify the responsible party and ensure that your claim has been filed correctly.
Homeowner’s and property insurance normally pays premise liability claims.
Typically, premise liability claims develop between two parties who know each other. Often it can be uncomfortable seeking compensation from a friend or family member as a result of a premise liability claim. Most premise liability claims are paid out under an insurance policy that was purchased and intended to defend and fund a premise liability claim should an unfortunate incident occur. If you were injured on the property of a friend or family member, remember if you must make a claim, it is just business and your friend or family member has an insurance policy that will cover your damages.
Get the premises liability compensation you deserve today!
Going through any injury can be distressing, which is why understanding the legal implications can also be overwhelming. However, just because someone was injured on a property does not directly mean liability for compensation or negligence. Instead, it must be proven that this was the case. That’s where The Fitts Law Firm comes in – our experienced Houston attorneys are on hand to ask all the right questions when assessing your situation so that you understand what legal rights you have available to you and get the justice you deserve.
With many years of experience working with clients just like yourself and knowing the complex legal system inside-out, you can trust The Fitts Law Firm to provide sound advice and expertise through every stage of your case. Call your free, no-obligation consultation today!