Texas Premises Liability Law
Under Texas premises liability law, why you are on the property matters in determining whether you have the right to file a premise liability lawsuit. You may have been a trespasser, an invite, or a licensee.
You are a trespasser if you did not have permission to be on the property. You may have been asked to leave and refused to do so, or you may have ignored a sign that said: “Do Not Enter.” Whatever the case, the property owner owes you very little when you are on their property without consent.
You are an invitee if you enter the owner’s land with implicit or explicit consent for your and the owner’s mutual benefit. This encompasses situations when you are a customer, client, or employee of a business. Owners have the greatest duty of care to invitees. According to Texas court decisions, owners owe invitees the duty to make the property safe and warn against concealed, unreasonably dangerous conditions that the owner is, or reasonably should be, aware of, but the invitee is not aware of.
You are a licensee if you are on the property owner’s land with permission, but you are there for your own benefit. In most circumstances, salespeople, and social guests are considered licensees. Owners owe you the second highest duty of care. It is a greater duty than the one owed to trespassers, but it is less than what is owed to invitees. Property owners must make the property safe or warn licensee’s about unreasonable dangers that the owner actually knows about.
After an accident on someone else’s property that results in you being injured, we recommend calling us to speak with a premises liability lawyer. We will analyze the circumstances to determine if you can prove each element of a premises liability claim and therefore, obtain compensation for your injuries.
Steps to take After a Property Accident
If you were injured in an accident on someone else’s property, we recommend that you:
01 Assess Your Injuries
Do not move quickly after a fall. Give yourself or your companion a minute to see how they feel. It is important not to move if there is fear of a spinal injury.
02 Notify the Property Owner
If you are in someone’s home or business, ask to talk with the owner or the manager on-duty. Tell them what happened and get their contact information.
03 Take Photos of the Area
If you or a companion have a phone with a working camera, use it to take photos and video of the area. Do your best to document the dangerous condition that you believe caused the accident.
04 Ask for Witnesses’ Info
If one or more people saw the accident, ask for their names and contact information.
05 Obtain Medical Care
If you do not go to the emergency room right away, be sure to see your physician as soon as possible for a full exam. Always follow the doctor’s instructions in regard to treatment.
06 Call a Lawyer
When you are injured on someone's property, their insurance company may contact you quickly. We do not recommend speaking with an insurer until you have spoken with an experienced attorney about your rights.
Compensation in a Premises Liability Claim
If there is evidence that the property owner or another party is responsible for your injuries, a premises liability lawyer can help you pursue full and fair compensation. You may have the right to recover your:
- Current and Future Medical Bills
- Lost Wages
- Pain and Suffering
- Mental Anguish
- Physical Limitations
- Lost Earning Capacity
The best way to determine the potential value of your claim is to speak with our attorneys. We're happy to discuss the details of your case in person or over the phone. All calls are free and require zero obligation. Fill out our contact form or call us directly to get started.
$280,000 Settlement After Worker’s Compensation Refused to Pay
Additional Information about Premises Liability Law
Elements of a Premises Liability Lawsuit
Premises liability claims can be difficult to prove because you must establish several elements:
- You were an invitee on the property, and the owner owed you a duty of care.
- There was an unreasonably dangerous condition on the premises.
- The dangerous condition was hidden.
- The property owner knew or reasonably should have known about the hidden dangerous condition.
- You were unaware of the dangerous condition.
- You suffered a compensable injury due to the dangerous condition.
If you were a licensee and not an invitee, the elements of your case differ. Invitees must prove actual or constructive knowledge of the hidden unreasonably dangerous condition. However, for a licensee, you must prove the property owner had actual knowledge of the condition. This can be a higher standard, which is why it is important to work with an experienced and skilled attorney.
Call Our Fort Worth Premises Liability Law Firm For Help Today
We understand it can be difficult to figure out your options after you get hurt in someone else’s property. You may be convinced that the property owner or tenant is at fault, or you may think you have to simply deal with your injuries and the costs yourself. Before coming to either conclusion, though, you should speak with an experienced premises liability attorney from Anderson Injury Lawyers. Only by having a knowledgeable and experienced lawyer analyze your circumstances can you obtain a full understanding of your rights and options under Texas law. If you have a premises liability claim, we will fight hard for you to receive the maximum compensation possible through the insurance claim process or litigation.
If you suffered harm in an accident or any incident caused by negligence, contact Anderson Injury Lawyers right away. We offer individualized attention, over 25 years of experience, and everything you need to get everything you deserve.
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