When we refer to personal injury law, this also includes all of the different categories that it’s composed of, such as premises liability.
We may not realize it, but every single day there are opportunities for us to be potentially harmed. The reason we may not think about it happening is because we put a lot of trust in the people around us. That being said, people do get hurt due to the negligence of others, which is exactly why personal injury law was created. When we refer to personal injury law, this also includes all of the different categories that it’s composed of, such as premises liability. To better understand if your case falls under this category, let’s take a look at what premises liability is.
What Is Premises Liability Law?
A personal injury case is considered a premises liability when the injury was caused by an unsafe condition on someone else’s property. This is because it’s expected that the property owner is responsible for the maintenance of the property, which includes dangerous conditions that they may not have known about (but should have). In fact, Texas law requires property owners to keep their premises in a safe condition, or warn any visitors about any hidden danger that could potentially cause harm.
There are many possible situations that can be considered as a premises liability case, including, but not limited to:
- Inadequate maintenance on the premises
- Slip and fall accidents
- Dog bites
- Injury due to inadequate lighting or security
- Water leaks or flooding
- Inadequate building security
- Elevator and escalator accidents
Does the owner’s duty of care depend on who enters the property?
A premises liability case is created based on the argument that the property owner failed to meet their duty of care. However, their duty of care and responsibility depends on who enters the property. There are 3 different classifications:
1. Invitee: This is someone who enters the property because they were invited to do so or they were interested in the services or products that are sold on the property. In this case, the property owner must repair any known issues and warn the invitee if there are any potential hazards.
2. Licensee: This is someone who enters the property with permission from the owner for a specific reason. When licensee’s are on the property, property owners are responsible and must repair or warn the licensee of any potential danger. That being said, they are not required to check for any unknown harmful conditions.
3. Trespassers: Property owners have no expected duties for people who enter the property without permission, unless they are under 18 years of age. If so, the owner could be held responsible because they carry the duty of avoiding potential harm to children, even if they did trespass.
How to Choose an Attorney for Personal Injury
If you were hurt due to someone else’s negligence, it’s important that you’re compensated for the damage. We should also note that it’s not always easy to prove that the property owner was to blame for the injury. That’s why you need someone who will help you fight to demonstrate that the owner is to blame. If you don’t already have an attorney, you may be wondering how to choose an attorney for personal injury.
The first recommendation that we can give you is to find someone with experience in personal injury. Aside from that, you should find an attorney that you feel comfortable and confident with. If you’re looking for an attorney, we invite you to schedule a free consultation. We’ll talk to you about your case with no obligation at all.