Whenever you leave your home, you are making a leap of faith. You have no way of knowing what hazards might be lurking on property that is not your own.
If you suffer injuries on someone else’s property, speaking with a personal injury lawyer right away could be helpful. They can advise whether you have an actionable claim for damages and suggest how best to proceed.
Owners and occupiers have a responsibility to keep their property safe from unanticipated hazards, but not everyone upholds that obligation. If an unreasonably unsafe condition on someone else’s premises caused you to be injured in an accident, you might be able to seek damages.
Owners, or people like lessees who occupy a property, must exercise reasonable care to prevent accidents that might injure people. The extent of the effort they must put forward to discover, correct, and warn of hazards depends on the reason the visitor is on the property. An attorney could investigate an accident to determine whether an owner violated their duty to a visitor in a specific instance.
The patrons of businesses are called invitees, and businesses must ensure that invitees are safe on their premises. The business must inspect the property regularly for hazards, repair them promptly, and warn patrons of hazards that are not yet repaired. The property owners and the business could be liable if a danger that went undetected or unrepaired injures an invitee.
Social guests are called licensees. A property owner or occupier must warn social guests of known hazards but has no obligation to inspect property to discover hidden dangers. There is no duty to repair a condition to protect licensees.
Property owners have no duty to protect trespassers from hazards, but they may not create conditions that intentionally endanger other people.
Although there is no duty to protect adult trespassers from hazards, property owners and occupiers must protect children who might be enticed onto the property because of an “attractive nuisance.” These features include swimming pools, sandpits, trampolines, or anything that might induce a child to enter and explore. Property owners must take steps to prevent a child’s entry and are liable if a trespassing child is injured while playing around an attractive nuisance.
Texas follows the doctrine of modified comparative negligence, which means that each party to a negligence action is responsible for the consequences of their behavior. Civil Practice and Remedies Code §33.001 says a plaintiff who bears more than 50 percent of the responsibility for their accident may not collect damages from any other party. A plaintiff’s lawyer could collect and present evidence to prove a plaintiff was less responsible than others for the accident that lead to their injury.
When a plaintiff bears some blame for an accident, but another party holds more fault, the plaintiff could seek damages from the more culpable party. In such a case, the judge will reduce the damage award by an amount proportionate to the plaintiff’s degree of fault.
There is no need to go it alone when you have been injured on someone else’s property, and it is unwise to do so. The property owner’s insurers will do everything in their power to limit their payout for your injuries, and you should have an advocate to argue for the compensation you need to make you whole.
A Harker Heights premises liability lawyer will stand up to them and stand up for you. Call today.