If you were injured in a recent accident that occurred on someone else’s property, you might be unsure what your legal rights and options are. If the negligence of the property owner or manager was responsible for your injuries, you could be entitled to compensation. A Temple premises liability lawyer review the facts of your potential case to investigate whether someone’s negligence was the cause of your injuries. An experienced personal injury attorney document your injuries and damages and fight for the full compensation you deserve.
An injury that occurs while on someone else’s property gives rise to a premises liability claim. Premises liability accidents can involve swimming pools, slip and falls, dog bites and other animal attacks, broken escalators, broken stairs, uneven and cracked pavement, and malfunctioning elevators.
These types of accidents commonly occur at restaurants, malls, office complexes, grocery stores, and on private property. If a property owner knew about the dangerous condition on their property and failed to fix it or warn visitors of the issue, they can be held legally liable.
A diligent Temple attorney can help an injured person determine which party or parties are to blame in their premises liability case. The property owner must have owed the claimant a legal duty, breached that duty, and their breach must have directly injured the claimant for the person to hold the owner responsible for monetary damages. The liability of the owner depends on whether or not the claimant was an invitee, licensee, or trespasser when the accident occurred.
An invitee is someone on the property with the consent of the owner. Both the invitee and owner enjoy some advantage by the invitee’s presence. For instance, a patron eating at a restaurant is an invitee. A property owner has a legal responsibility to invitees to fix or warn about property hazards the owner is conscious or ought to be mindful of by using reasonable care.
Licensees are also on the premises with the owner’s permission but are not there for the owner’s advantage. A guest of the owner is considered a licensee. Concerning an owner’s legal obligation to licensees, they must make the licensee aware of any hazards they discover on the land or repair them.
Trespassers are on the premises without the agreement of the owner. Property owners owe a considerably lesser duty to trespassers than they do to invitees or licensees, which is to refrain from intentionally injuring them.
Texas law has specific guidelines regarding when a premises liability claim can be filed with the civil courts. According to Texas Civil Practice & Remedies Code § 16.003, the courts will not hear a case if more than two years have passed since the incident occurred unless a rare exception applies to the claimant’s injury.
Someone who has been injured on another person’s property and suspects negligence should contact a seasoned Temple premises liability attorney as soon as possible. Otherwise, if they wait to file their case and miss the statutory deadline, they would be barred from compensation.
If you believe you may be owed compensation, it is wise to speak with a Temple premises liability lawyer to learn more about your potential legal options. Negligence claims can be very complicated to prove, but a knowledgeable attorney can investigate the accident and work diligently to secure all forms of compensation you may be entitled to for your injuries. Call today to get started on your case.
We know these are uncertain times, but our team is fully prepared to handle your case remotely and available 24/7. We have been conducting new case intake and other client interactions via telephone, video conference, and e-mail to service our clients. Also, medical providers are still able see patients in person, by telemedicine, or video conference. If you have any questions about a new or existing case, please contact us today.
Thank you for your understanding and patience during this time, and we wish you and your families good health and safety.