Legal terms often sound more complicated than they should. The jargon attorneys and officials use can be intimidating, but it doesn’t have to be that way. One of the most common types of injury cases is premises liability.
The idea behind premises liability is that property owners are responsible for keeping their property safe. If a property owner knows that their property is hazardous and fails to fix the problem, and someone is injured because of the problem, they can be held responsible—or liable—for the person’s injuries.
This blog examines the basics of premises liability cases and their importance. If you or a loved one sustains injuries while on a property, contact our legal team at Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000. We will examine the facts of your case and help you seek compensation from the negligent property owner.
Why choose Terry Bryant Accident & Injury Law to represent you?
Our premises liability lawyers at Terry Bryant Accident & Injury Law have dedicated their careers to helping personal injury victims get compensation for their injuries. We understand the complexity of these cases and know how to counter the available defenses to get you a financial settlement. Our lawyers also have an in-depth knowledge of the applicable Texas laws and how the legal system functions.
We will be with you throughout the legal process, providing guidance and helping you make the right decisions. We work on a contingency fee basis, so you don’t have to worry about paying us until we secure a favorable outcome through a settlement or verdict. Contact us if you need a legal team you can trust that is unafraid to go up against insurance companies.
We prioritize the needs of all our clients and offer personalized representation based on what each person and case requires. You can always count on us to put your interests first.
The basics of premises liability
As mentioned, premises liability cases stem from the law that property owners or occupiers must keep their premises free of hazardous or dangerous conditions for legal visitors. Below, we discussed the essential elements of premises liability.
Duty of care
Again, property owners or occupiers owe a duty of care to visitors who enter their premises. However, the duty varies depending on whether the person is a licensee, an invitee, or a trespasser. Property owners owe the least duty to trespassers as they entered the premises without permission.
Hazardous condition
For premises liability law to apply, the property must be hazardous. This could be physical defects like wet floors that can lead to slip-and-fall cases or inadequate lighting. Negligent security is another element that can create a dangerous condition and lead to a premises liability case.
Our firm once represented a minor who suffered severe injuries while visiting a race track. Our client was celebrating his birthday and walking with his mother up to a fence outside the racetrack when he was struck by a race car. There were no crowd-control measures, and the area was poorly lit, among other problems. This is an example of a hazardous condition.
Knowledge or foreseeability
The property owner must have had actual or constructive knowledge of the existence of the hazardous condition or have reasonably foreseen the danger.
Failure to warn or remediate
The property owner must warn visitors about any known hazard or take reasonable steps to remediate it. They can do this by putting up signs, blocking off an unsafe area, or fixing the hazard. If they fail to do this, it is grounds to file a premises liability claim.
Understanding the basics of premises liability cases is crucial for the property owner and visitors to ensure safety and reduce the risk of injuries. If a property owner acts negligently, you can exercise your right to financial compensation.
Proximate cause
The hazardous condition must have been the cause of the injuries suffered by the visitor. It must directly cause your injuries for you to be eligible for compensation. If there was a hazardous condition but something else caused your injury, your claim will likely fail.
Injury or damages
Finally, the hazardous condition must have led to actual injuries or damages. Damages often cover your economic and non-economic losses, like medical expenses, pain and suffering, and lost wages.
Property owners have several defenses, and before courts award damages, they consider whether the property owner acted reasonably under the circumstances. Also, the visitor must not have been negligent, like ignoring a warning sign about a wet floor and proceeding through the wet area. In such an instance, recovering compensation would be next to impossible.
Why premises liability cases are important
The consequences of a severe injury can be devastating for the victim and their loved ones. They likely experience a great deal of pain and suffering, which could last for several months, years, or even a lifetime. These traumatic events might also cause emotional distress. The financial impact of an injury can be nearly as devastating. Injuries are expensive, requiring medical treatment, ongoing care, and physical rehabilitation.
For some victims, an injury means lost time at work, lost income, and the loss of work ability altogether. When the property owner is responsible for those consequences, they should be held liable for the damage they have caused. A premises liability claim ensures that an injury victim doesn’t have to bear the burden of the costs associated with their injury.
Book a free consultation with our premises liability lawyer
You should explore your legal options if you or a loved one has suffered an injury due to a business or property owner’s negligence. At Terry Bryant Accident & Injury Law, we investigate our clients’ cases to determine who was at fault and how much they should receive for the injuries sustained.
We will help you gather relevant evidence and protect your rights and interests from the beginning of the case until it ends. To schedule a free consultation with our experienced legal team, call (713) 973-8888 or toll-free 1 (800) 444-5000 today.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
