Premises liability is an area of law that holds property owners or occupiers responsible for injuries sustained by individuals on their property due to unsafe conditions or negligent actions. Here’s an overview of premises liability:
Duty of Care:
Property owners have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards that could pose a risk of harm. The extent of the duty of care owed to visitors depends on their status as invitees, licensees, or trespassers.
Types of Hazards:
Hazards on a property that could lead to premises liability claims include slippery floors, uneven surfaces, inadequate lighting, broken steps or handrails, defective elevators or escalators, falling objects, and inadequate security leading to assaults or robberies.
Visitor Classifications:
Invitees: Visitors who are invited onto the property for the benefit of the property owner, such as customers in a store or guests at a hotel. Property owners owe invitees the highest duty of care and must regularly inspect the premises for hazards.
Licensees: Individuals who enter the property with the owner’s permission for their own purposes, such as social guests. Property owners must warn licensees of any known dangers that may not be obvious.
Trespassers: Individuals who enter the property without permission. Property owners generally owe a lower duty of care to trespassers but may still be liable for injuries caused by willful or intentional misconduct or certain hazardous conditions.
Negligence and Liability:
To establish liability in a premises liability case, the injured party (plaintiff) must prove that the property owner (defendant) breached their duty of care by either creating a hazardous condition, failing to correct a known hazard, or failing to warn visitors of the danger. Additionally, the plaintiff must demonstrate that the breach of duty caused their injuries.
Common Premises Liability Cases:
Examples of premises liability cases include slip and fall accidents, trip and fall accidents, swimming pool accidents, dog bites, negligent security leading to assaults or thefts, and injuries caused by structural defects or maintenance failures.
Defenses:
Property owners may defend against premises liability claims by arguing that they were not aware of the hazard, that the hazard was open and obvious, that the plaintiff’s own negligence contributed to the injury, or that the plaintiff was a trespasser.
Damages: In successful premises liability cases, injured parties may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from their injuries.
Premises liability law can be complex, and the outcome of a case often depends on the specific facts and circumstances involved. Personal injury attorneys who specialize in premises liability cases help injured individuals understand their legal rights, gather evidence to support their claims, negotiate with property owners and insurers, and, if necessary, pursue litigation to seek fair compensation for their injuries.
An attorney’s assistance is essential in premises liability cases to ensure that injured parties receive fair compensation for their injuries and losses, while also holding negligent property owners accountable for their actions.
At Calderon Legal Group, we have been assisting individuals in Houston for years. Our legal team possesses the skills and resources needed to navigate the intricate process of Premises liability. Let us fight for you—call (832) 261-5500 to speak with a Houston immigration lawyer today
