The Basics of a Premises Liability Claim
As a general rule, an owner has a duty to keep their premises in a safe condition. For an invite onto that property, the owner would be charged with reducing or eliminating unreasonable risks that are known or should be readily apparent. In order to establish a premises claim, a claimant must show that:
- The owner had actual or constructive knowledge of a condition that posed an unreasonable risk of harm
- The owner failed to take steps to ameliorate or eliminate the risk or, alternatively, failed to warn the user of the risk
- This failure was a proximate cause of the claimant’s injury
If the elements of a premises liability claim are met, certain damages might be available in a given case, including compensation for medical expenses, pain and suffering, lost wages, or future earning impairment. However, there are various distinctions between premises and negligence claims in Texas, so it might be useful to speak with a seasoned Allen premises liability attorney to ensure that the proper claim is brought on behalf of the injured party.