Your Guide to Premises Liability
Slip and fall accidents account for over one million emergency room visits across the country annually, according to the National Floor Safety Institute, Many of these falls and other injuries occur because of dangerous conditions on other people’s property.
When you’ve suffered an injury due to a hazardous condition, you may be eligible to file a premises liability claim against the property owner or manager. You could be entitled to compensation for your injuries and other losses.
If you have questions about your rights and options after suffering an injury on another person’s property, contact Tate Law Offices, P.C. We’ll provide a free case review when you call us or reach out to us online.
What Is a Premises Liability Claim?
Premises liability claims are a type of personal injury claim that arises when a person is injured by a defective or dangerous condition on somebody else’s property. Property owners must exercise due care and caution to make the premises safe for visitors. For example, hotels should keep their hallways well-lit to minimize security risks. Pool owners must make sure that drains are covered to keep swimmers safe. Business owners or managers should address noticeable tripping hazards, such as an unsecured rug, broken steps, or uneven flooring. When a property owner fails to uphold their legal duty to maintain a safe premises and someone is injured as a result of their negligence, the injured party may be able to file a premises liability claim.
Common examples of premises liability claims include:
- Slips and falls
- Fires on someone else’s property
- Swimming pool accidents
- Dog bites and attacks
- Injuries from violence or criminal activity facilitated by negligent or inadequate security.
How Do You Prove Premises Liability?
In order to prove your right to compensation in a premises liability case, you must first establish that you suffered an injury on someone else’s property where you were lawfully present on the property. You must also show that your injuries were caused by a defective or hazardous condition of the property.
Next, you need to prove that the owner or occupier of the property was aware of the issue and did nothing about it. Alternatively, you must prove that the property owner should have known of the condition had they exercised reasonable care and that they had an opportunity to either repair the condition or warn you of its existence but failed to do so.
What Is Premises Liability Insurance Coverage?
Property owners can protect themselves by purchasing property insurance coverage. Most commercial property insurance policies, homeowner’s insurance, and renter’s insurance policies include liability coverage that pays out when another person is injured on the property owner’s premises due to a dangerous condition on the property.
Homeowners’ and renters’ insurance policies also often provide coverage when someone outside the household is injured by a bite or attack inflicted by the policyholder’s dog or other pet. However, some policies specifically exclude certain types of dogs from coverage.
Your personal injury lawyer can identify all potential insurance policies and sources of compensation when recommending legal action to take in your case.
Who Can File a Premises Liability Claim in Texas?
A visitor who is injured on someone else’s property might be able to file a premises liability claim. Texas’s premises liability laws categorize visitors into one of three categories:
- Invitee: An invitee refers to someone who enters another person’s property with permission and for the benefit of the owner or occupier of the property. Examples include customers or a business’s employees. Property owners owe invitees the greatest duty under premises liability law to remedy any dangerous condition of the property that the owner knows of or should reasonably know of, or to warn the invitee of the presence of such condition.
- Licensee: A licensee refers to someone who lawfully enters another person’s property for the licensee’s own benefit. Examples of licensees include social guests and delivery persons. A property owner only owes a licensee a duty to warn licensees about defective or hazardous conditions that the owner has actual knowledge of and that are not open and obvious to a licensee.
- Trespasser: A trespasser refers to someone not lawfully allowed on the property, such as a burglar. Owners and occupiers of property generally do not owe trespassers any duty to protect them from dangerous or defective conditions on the property, only to refrain from acting with gross negligence or intentionally inflicting injury upon a trespasser.
How Much Is My Premises Liability Claim Worth?
In a premises liability case, you may be entitled to seek compensation for damages that you may have incurred due to your injuries, including:
- Medical bills, including ER visits, surgeries, other medical procedures, prescriptions, and medical or mobility equipment
- Rehabilitation and long-term care expenses, including physical therapy or home health services
- Lost wages and income
- Lost earning potential if your injuries prevent you from working or returning to full-time work
- Physical pain and emotional distress caused by your injuries
- Lost enjoyment or quality of life caused by embarrassment from physical scarring or disfigurement or by difficulties or disabilities that prevent you from taking care of yourself or participating in activities you previously enjoyed
What a Premises Liability Attorney Can Do for You
After you’ve been hurt on someone else’s property, a Texas premises liability attorney from Tate Law Offices, P.C., can help you by:
- Offering free case evaluations to discuss the details of the accident and your injuries and to advise you as to your legal rights and options
- Providing you with referrals to doctors and other medical providers to treat the injuries you’ve suffered
- Knowing what evidence we need to collect to prove your claim
- Protecting you from insurance companies who try to avoid fairly compensating you
- Aggressively demanding full payment for your damages
- Advocating for your rights and interests throughout your case
Contact us today for a free consultation to learn more about how our premises liability attorneys can help you. Our firm has achieved a 99% success rate in recovering compensation in the cases we take, winning over 3,000 cases on behalf of our clients.
Don’t wait another day to begin the process of seeking financial compensation for your injuries. Contact us today.