The law requires that property owners or managers keep their premises safe for visitors they authorize to enter their buildings and surrounding areas. Premises liability claims occur when an individual sustains an injury on another person’s property because of a hazardous risk that exists on the land.
If a negligent property owner fails to keep their land safe, resulting in your harm, contact an experienced Brazoria County premises liability lawyer. A well-practiced personal injury attorney could talk you through the civil claims process and help you decide how to best move forward with your case.
Visitor Classification in a Dangerous Property Case
Visitors fall under four classifications in premises liability cases. A skillful Brazoria County unsafe premises attorney could help you review your situation and decide which class of visitor you fit in.
Invitees are people who enter the premises with the property owner’s implied or express knowledge for a mutual benefit to both parties. Generally, the invitee is on the property for the financial benefits of the person who owns or controls the property. The property owner owes these guests the highest duty of care.
A licensee is a guest who enters a property for their convenience and permission from the owner or manager. The visit is usually for the benefit of the licensee. These guests could include a salesperson or social guest. The person in charge of the land and property must fix or make the licensee aware of any unsafe conditions that may pose a risk of harm or danger on the property. The property owner owes the licensee the second highest duty of care when entering their property or land.
Trespassers are individuals who enter the property with no legal rights or lawful authority, express or implied invitation. The trespasser is not entering the property for a business purpose or any benefit to the property owner. The property manager does not owe a trespasser any duty of care except to not intentionally cause harm.
The attractive-nuisance doctrine is a rare exception to the property owner owing a trespasser no duty of care when entering their property. If a child enters another’s property because of an object likely to attract children and sustains injuries, a court could still hold the property owner liable, even if the child was trespassing.
An example would be to leave a pool unsecured, and a child enters the property and drowns. In that case, a court could hold the property owner liable for damages.
The Elements of a Premises Liability Case
Under the Texas Civil Practice and Remedies Code Section 75.001., a standard premises liability case is a claim involving a hazardous condition on a property that leads to an individual’s injuries. In order to recover financial compensation for harm suffered on an unsafe premises, you and your Brazoria County lawyer must prove the following elements:
- A hazardous condition was present on the property
- The hazardous conditions led to the injuries of the plaintiff
- The property owner or manager knew or should have known that the hazardous condition was present on their property
- The person who owns or who is in charge of the property failed to take the necessary steps to correct the hazardous condition on their property before the plaintiff’s injuries occurred
Proving all four elements without legal representation could be challenging. As such, it is strongly encouraged to contact a reliable attorney as soon as possible.
Get in Touch with a Brazoria County Premises Liability Attorney Today
If a careless property owner caused you to suffer injuries, you need legal representation you can count on and trust. Those who maintain property have a legal responsibility to keep the land safe for those they invite onto the property.
An experienced Brazoria County premises liability lawyer could help you pursue justice and obtain compensation for the injuries you suffered on another’s property. Call today to book your initial case evaluation.