Landowners have a duty under state law to take reasonable precautions to minimize the risk of other people getting hurt—specifically, people lawfully visiting their property. However, this duty is not the same for every type of visitor, which can make it challenging to pursue civil litigation after being harmed by a dangerous property condition.
Fortunately, a seasoned injury attorney understands the unique aspects of these cases and can fight to protect your rights as a visitor. Once retained, a dedicated Lakeway premises liability lawyer can offer personalized guidance and help you pursue a positive case outcome.
As mentioned, one complicated element of premises liability litigation is that property owners owe different duties of care to various types of visitors. For example, landowners owe the most substantial duty to invitees, who are people like retail store customers, visiting primarily for a landowner’s financial benefit. In addition to warning invitees of all known hazardous conditions on their property, landowners must also regularly inspect their property to a reasonable extent to ensure an invitee’s safety.
On the other hand, property owners owe licensees a slightly less strict duty of care that only requires warning about known hazards. Licensees are people visiting lawfully for their purposes or benefit, like contractors or guests at a house party. Finally, state law does not hold landowners liable for injuries to trespassers as long as those injuries were not intentional. During an initial meeting, a practiced premises liability lawyer in Lakeway can determine a plaintiff’s visitor status at the time of an accident.
Holding a negligent property owner liable for the effects of their carelessness is often difficult because it can be challenging to identify and evaluate every form of harm an individual faced. In the short term, a strong premises liability claim can and should demand compensation for emergency medical bills necessary to treat injuries, missed income due to time out of work, lost or damaged personal property, and other out-of-pocket expenses that occur in the immediate aftermath of an accident.
In the long run, a severe injury stemming from a landowner’s misconduct can have numerous financial, physical, and personal consequences that may not manifest fully for years or possibly decades afterward. The impact of an accident on a property could include physical pain and suffering, emotional trauma, lost consortium, reduced earning capacity, and lost overall quality of life. Retaining a skilled attorney in Lakeway is often a vital first step towards efficiently incorporating losses like these into a premises liability lawsuit.
If you get hurt while visiting someone else’s property, you should not always assume that you have grounds for civil litigation. There are several more criteria you need to meet to have a valid claim and proving that your case meets those criteria can be challenging if you proceed without knowledgeable legal representation.
An experienced Lakeway premises liability lawyer can work tenaciously to build a strong claim on your behalf and secure maximum compensation for your losses. Call today for a consultation.