What You Need to Know If You Are Injured on Someone Else’s Property
Property owners in the State of Texas are generally required to keep their premises in a reasonably safe condition for individuals who are either invited on their land or have a right to be there. If you are injured because a property owner failed to keep their premises free from hazards, you might be entitled to compensation for your injuries.
At Fibich, Leebron, Copeland & Briggs, we help individuals who have sustained serious injuries due to another person’s negligence. If you were injured on someone else’s property, you need an experienced legal team that will fight to ensure you receive the largest recovery possible. Contact our office at (713) 751-0025 to schedule a free, no-obligation consultation.
What Is Premises Liability?
Premises liability refers to a specific area of law that requires landowners to keep their property in a reasonably safe condition, free from known hazards. While not all injuries that occur on another person’s property result in liability, many do because they are the result of the property owner’s negligence.
How Can I Prove a Property Owner Is Liable?
In order to be successful in a premises liability case, you will have to prove that the property owner was negligent under most circumstances. To prove negligence you must show that the property owner owed you a duty of care and breached that duty of care resulting in your injury.
The duty of care that a property owner owes a person depends on the relationship. For instance, a property owner must warn a licensee (someone who is legally on the property but is there for their own benefit) about any known hazards or remedy the dangerous condition.
An invitee, someone who is legally on the property for the mutual benefit of the owner and themselves, is owed an even greater duty of care. A property owner must not only warn about or remedy known hazards, but they also have a duty to warn about dangerous conditions that could have reasonably been discovered.
What Are Common Premises Liability Cases?
The most common type of premises liability case is a slip and fall accident, but there are many other situations that may result in damages.
Common premises liability cases in Houston:
- Swimming pool accidents
- Negligent security
- Dog bites and animal attacks
- Chemical exposure
- Falling objects
- Playground injuries
- Trampoline injuries
These are only a few examples of the many types of accidents that can occur on another person’s property. It is always in your best interest to discuss your case with an attorney to determine all of your legal options.
What You Need to Know About Premises Liability Cases
There are many ways to prove property owner liability, but it can be challenging. Showing that a property owner knew or should have known about a dangerous condition can be difficult to show without the help of an attorney.
Ways to prove property owner liability:
- The property owner caused the dangerous condition.
- The property owner was put on notice or knew about the dangerous condition and failed to warn guests about it or remedy the hazard.
- The hazard should have been discovered by the property owner through routine inspection.
It is important to understand that even if you were partially to blame for your injuries, you may still be entitled to compensation. Consulting with an attorney before speaking to an insurance company or a liable party is strongly recommended.
What If I Was Trespassing?
While property owners owe a duty of care to licensees and invitees, the same duty is not owed to trespassers. Under Texas law, the only duty a property owner owes to a trespasser is to not cause their injury through gross negligence, wilful, or wanton conduct.
There are exceptions to this rule, including when it comes to children. A property owner may be held liable for injuries caused to children, even if they were trespassing, on their premises if the condition was one that is likely to attract children.
Hiring a Premises Liability Lawyer in Houston
If you were injured on another person’s property in Houston, contact our office at (713) 751-0025. We offer free consultations for all premises liability claims. There are no fees unless we win. Call now to get started.