All property owners, managers, and landlords have a duty to tenants and visitors to maintain a safe environment. You should not have to worry about hurting yourself when you visit friends or commercial establishments. If you are hurt by a hazardous condition present on someone else’s property, you should contact a Killeen premises liability lawyer to discuss your situation and the possibility of recovering financial compensation for your troubles. A dedicated personal injury attorney in your community can help you get the compensation you need.
Property owners have a duty to act or a duty to warn when dangerous conditions exist on their property. Some hazards are obvious, such as large spills at the grocery store or slick roads after a summer storm, but some are not so obvious, such as a gulley on an unattended property that becomes a drowning hazard during a flash flood. Some common accidents that could be the basis of a premises liability lawsuit include:
A local premises liability attorney can review the facts of a case and help prove the injured person’s case.
Although they are similar, a negligence action is based on someone else’s ongoing activity, which puts the plaintiff in harm’s way, causing injuries while the activity is going on. For instance, negligent drivers continue their reckless activity until they careen into someone else. Premises liability involves hazards on a property that pose an unreasonable risk but are not necessarily there because of a defendant’s act. Also, premises liability describes different duties of care depending on who is on the property. Visitors are broken down into categories, including an invitee, licensee, or trespasser. In a premises liability case, the plaintiff’s attorney must prove the defendant knows or should know of some dangerous condition on the premises, depending on the category of the person injured, and the defendant did not act as a reasonable person would to mitigate the harm, which caused injury to the plaintiff.
Property owners owe different duties of care to trespassers, invitees, and licensees. A Killeen premises liability lawyer can help determine a client’s status as a visitor in a premises liability case.
Owners or property managers owe the highest duty of care to invitees, who are on the property for the benefit of both parties. Invitees include customers at retail stores, employees at a business, delivery drivers, or plumbers. Owners are obligated to fix unsafe conditions they know about or should know about. Additionally, property owners are required to warn visitors of all potential hazards.
A landowner permits licensees to enter the land. They are on the premises for their own benefit, such as visiting friends or a door to door salesperson. Conditions posing unusual risks that the landowner knows about must be disclosed or repaired.
A trespasser does not have permission or the legal right to be on another’s property. A landowner’s obligation to trespassers is only to refrain from intentionally injuring them or injuring them through gross negligence.
Accidents happen every day on someone else’s property. If you visited a private residence or a commercial enterprise and were injured by an existing hazard, a Killeen premises liability lawyer can help your case. Call today to discuss your case.