Unbeknownst to you, dangerous conditions might be present on a property you are visiting that could harm you or others. You could be inches away from being hurt. When this happens, a lawsuit could be possible.
When you or someone you love is hurt on someone else’s property, a Bee Cave premises liability lawyer could obtain monetary compensation for the ensuing physical and financial harm because of their negligence. Our personal injury attorneys can handle a legal claim while you focus on recovery.
Texas Civil Practice and Remedies § 75.00l specifies the situation where a property owner would not be responsible for harming others on their premises. State legislature explains that premises include water, land, roads, private ways, buildings, watercourses, structures, equipment, and machinery affixed to the property. An owner is not legally responsible for caring for those illegally present on the land. This extends to any dangerous conditions that might harm the trespasser. The owner must refrain from doing anything through gross negligence or willful intent to harm a trespasser. Landholders have the lowest amount of liability when it comes to trespassers.
However, an owner does have a duty to care for individuals they either expressly—or implied through agency delegation or a business agreement—gave permission to be on their land as an invitee. When such a person is on their land, they assure safety from both hazardous conditions and harm from others legally on the premises. The degree of duty an owner owes to an invitee is to provide a warning of possible hazardous conditions they know or should reasonably know of.
Dangerous conditions cover both concealed and unconcealed dangers within reason. Some titleholders will provide warning signs or have invitees sign a liability waiver to meet this duty. Landowners are also responsible for mitigating damages by fixing or covering unsafe conditions, and owners are required within reason to be actually or constructively aware of safety issues. Regarding criminal acts, an owner is not liable for unforeseeable crimes committed by another to invitees on the land. Further, the owner cannot cause intentional harm to the invitee.
Whereas an invitee is on the land only through invitation, a license is on the land generally for financial benefit through a business arrangement with the owner, such as a commercial lease for a private business. An owner must warn a license of dangerous conditions and mitigate the chances of injuries. They must not cause harm through negligence or intent. Titleholders are only liable for damage resulting from a hazardous condition they know of.
A Bee Cave attorney knows an owner’s responsibilities for each type of visitor and can apply it to a premises liability case.
Premise liability situations happen often, and therefore, the most common are:
When individuals are in an accident, they should get treatment for their injuries immediately. They should contact a premises liability lawyer in Bee Cave once they have had their injuries evaluated by a medical professional.
You deserve superior legal services to secure damages from the wrongdoer to cover medical bills and other injury-related expenses. A landowner should be responsible for the harm that happened on their property. To discuss your possible legal options, call our office now.